2023 RLLR 34

2023 RLLR 34

The Panel accepted the claimants' credible testimony and corroborating documents, found their sexual orientations and a same-sex relationship constitute membership in a particular social group, concluded state protection in Mexico is inadequate and there is no viable internal flight alternative, and therefore...

Source-derived case information.

Citation
2023 RLLR 34
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; First Associate Claimant: XXXX XXXX XXXX XXXX XXXX; Second Associate Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 November 2023
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claims accepted; claimants determined to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility, Persecution
Source Language
english
Immigration Law Refugee Law Human Rights Gender and Sexual Orientation Convention Refugee Particular Social Group Sexual Orientation State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

First Associate Claimant

XXXX XXXX XXXX XXXX

Second Associate Claimant

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether sexual orientation and gender-linked fears constitute membership in a particular social group
  3. 3 Credibility of the claimants' testimony and documentary evidence

Ratio Decidendi

The Panel accepted the claimants' credible testimony and corroborating documents, found their sexual orientations and a same-sex relationship constitute membership in a particular social group, concluded state protection in Mexico is inadequate and there is no viable internal flight alternative, and therefore determined there is a serious possibility of persecution on a Convention ground such that the claimants are Convention refugees under section 96 of the IRPA.

Court Disposition

Claims accepted; claimants determined to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimants recognized as Convention refugees and granted protection under section 96 of the IRPA