2023 RLLR 128

2023 RLLR 128

The claimant's subjective fear, corroborated by objective country conditions showing criminalization of same‑sex conduct, societal and religious hostility, and lack of effective state protection, establishes a well‑founded fear of persecution on the basis of sexual orientation; therefore the claimant meets the definition of a Convention refugee under section 96 of the IRPA.

Citation
2023 RLLR 128
Parties
Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 November 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Final Decision (refugee Protection Division)
Outcome
Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution on Account of Sexual Orientation, State Protection, Credibility Assessment, Objective Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law SOGIESC (sexual Orientation and Gender Identity) Convention Refugee Persecution on Account of Sexual Orientation State Protection Credibility Assessment +1 more

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Parties

XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant's bisexual orientation and related incidents establish a subjective and objectively reasonable fear of persecution
  3. 3 Whether state protection in Cameroon is available and effective

Ratio Decidendi

The claimant's subjective fear, corroborated by objective country conditions showing criminalization of same‑sex conduct, societal and religious hostility, and lack of effective state protection, establishes a well‑founded fear of persecution on the basis of sexual orientation; therefore the claimant meets the definition of a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant is a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.