2023 RLLR 199

2023 RLLR 199

The member accepted the claimant's credible and corroborated testimony that she is a lesbian and has suffered or would suffer persecution in Ghana; country evidence showed criminalization, widespread societal homophobia and state or police involvement such that state protection is inadequate; no viable internal flight alternative exists because concealment would be required; accordingly claimant has a well-founded fear of persecution and is a Convention refugee under section 96 of the IRPA.

Citation
2023 RLLR 199
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 November 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Final Decision by Refugee Protection Division After Merits Hearing
Outcome
Claim allowed; claimant found to be a Convention refugee on ground of membership of a particular social group (lesbians).
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Particular Social Group Sexual Orientation State Protection +2 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Final Decision by Refugee Protection Division After Merits Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on membership of a particular social group (lesbians)
  2. 2 Credibility of claimant's testimony and corroborative evidence
  3. 3 Whether state protection in Ghana is adequate

Ratio Decidendi

The member accepted the claimant's credible and corroborated testimony that she is a lesbian and has suffered or would suffer persecution in Ghana; country evidence showed criminalization, widespread societal homophobia and state or police involvement such that state protection is inadequate; no viable internal flight alternative exists because concealment would be required; accordingly claimant has a well-founded fear of persecution and is a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee on ground of membership of a particular social group (lesbians).

Orders

  • Claim accepted and claimant recognized as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act