2023 RLLR 197

2023 RLLR 197

The claimant was found to be a Convention refugee because she credibly established membership in the particular social group of lesbians, demonstrated a serious possibility of persecution in Senegal on that account, showed state protection is unavailable or ineffective in her circumstances, and no viable internal...

Source-derived case information.

Citation
2023 RLLR 197
Parties
Claimant: XXXX XXXX; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 October 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (hearing Concluded)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration and Refugee Law Human Rights Gender and Sexual Orientation Law Convention Refugee Particular Social Group Sexual Orientation State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether claimant is a Convention refugee on account of membership in a particular social group (lesbians)
  2. 2 Whether the claimant faces a serious possibility of persecution on return to Senegal
  3. 3 Whether state protection is available and effective

Ratio Decidendi

The claimant was found to be a Convention refugee because she credibly established membership in the particular social group of lesbians, demonstrated a serious possibility of persecution in Senegal on that account, showed state protection is unavailable or ineffective in her circumstances, and no viable internal flight alternative exists anywhere in Senegal.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claim allowed; claimant recognized as a Convention refugee