2023 RLLR 191

2023 RLLR 191

The claimant, a bisexual man, credibly established membership in a particular social group and a well-founded fear of persecution in Venezuela; the state is unwilling or unable to protect him and no internal flight alternative exists, therefore he is a Convention refugee and his claim is accepted.

Citation
2023 RLLR 191
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 April 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Refugee Protection Division Hearing
Outcome
Claim accepted; claimant found to be a Convention refugee under s.96 with protection under s.97(1) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Well Founded Fear, State Protection, Internal Flight Alternative, Credibility Assessment, SOGIESC Guidelines
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Convention Refugee Membership of a Particular Social Group Well Founded Fear State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Refugee Protection Division Hearing

Legal Issues

  1. 1 Whether the claimant is a member of a particular social group (LGBTQ)
  2. 2 Whether the claimant's fear of persecution is credible
  3. 3 Whether the claimant has a well-founded fear of persecution in Venezuela

Ratio Decidendi

The claimant, a bisexual man, credibly established membership in a particular social group and a well-founded fear of persecution in Venezuela; the state is unwilling or unable to protect him and no internal flight alternative exists, therefore he is a Convention refugee and his claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under s.96 with protection under s.97(1) of the Immigration and Refugee Protection Act

Orders

  • Claim accepted and protection granted as a Convention refugee