2023 RLLR 150

2023 RLLR 150

The claimant's identity and testimony were found credible on a balance of probabilities; country evidence establishes pervasive discrimination, criminalization and state-linked or state-tolerated abuse of LGBTI persons in Cameroon; state protection is unavailable or unreasonable to seek and no viable internal flight alternative exists; therefore the claimant has a well-founded fear of persecution and meets the definition of a Convention refugee under s.96 of the Act.

Citation
2023 RLLR 150
Parties
Claimant: XXXX XXXX XXXX; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 November 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (merits Determination)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Sexual Orientation, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law (foreign) Lgbtq+ Rights Convention Refugee Well Founded Fear of Persecution State Protection +3 more

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Parties

XXXX XXXX XXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (merits Determination)

Legal Issues

  1. 1 Whether the claimant, a gay man from Cameroon, has a well-founded fear of persecution because of his sexual orientation
  2. 2 Whether Cameroonian state protection is available or effective
  3. 3 Whether an internal flight alternative within Cameroon exists

Ratio Decidendi

The claimant's identity and testimony were found credible on a balance of probabilities; country evidence establishes pervasive discrimination, criminalization and state-linked or state-tolerated abuse of LGBTI persons in Cameroon; state protection is unavailable or unreasonable to seek and no viable internal flight alternative exists; therefore the claimant has a well-founded fear of persecution and meets the definition of a Convention refugee under s.96 of the Act.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted pursuant to Section 96 of the Act; no assessment under Section 97(1)(b) required