2023 RLLR 6

2023 RLLR 6

The claimants are Convention refugees because credible and corroborated testimony together with country documentation established they are lesbian women forming a particular social group, that they have been and would be targeted by a non‑state persecutor on that basis, and that Mexico would not provide adequate...

Source-derived case information.

Citation
2023 RLLR 6
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 November 2023
Procedural Posture
Refugee Protection Claim / Decision of the Refugee Protection Division
Outcome
Claims accepted; both claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Gender Based Violence, Sexual Orientation, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration Law Refugee Law Human Rights Law Convention Refugee Gender Based Violence Sexual Orientation Membership of a Particular Social Group State Protection +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether there is nexus between the alleged persecution and a Convention ground (membership of a particular social group based on gender and sexual orientation)
  3. 3 Whether the claimants' testimony and documentary evidence are credible and corroborative

Ratio Decidendi

The claimants are Convention refugees because credible and corroborated testimony together with country documentation established they are lesbian women forming a particular social group, that they have been and would be targeted by a non‑state persecutor on that basis, and that Mexico would not provide adequate state protection nor a viable internal flight alternative.

Court Disposition

Claims accepted; both claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Both claimants' refugee claims allowed and they are recognized as Convention refugees