2023 RLLR 3

2023 RLLR 3

On the balance of probabilities the adult claimant is credible as a lesbian targeted for homophobic and gender-based persecution; documentary country evidence establishes an objective risk and systemic inability or unwillingness of Mexican authorities to protect LGBTQ+ persons and women; no viable internal flight alternative exists; the minor claimant has derivative nexus as immediate family; therefore both claimants meet the Convention refugee definition under sections 96 and 97(1) of IRPA and the claims are allowed.

Citation
2023 RLLR 3
Parties
Claimant Adult: XXXX XXXX XXXX XXXX; Claimant Minor: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 November 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Final Determination (merits)
Outcome
Claimants' refugee protection claims allowed; claimants determined to be Convention refugees
Legal Topics
Convention Refugee, Sexual Orientation, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility, Counsel Conduct
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Sexual Orientation Gender Based Persecution State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant Adult

XXXX XXXX XXXX XXXX

Claimant Minor

Procedural Posture

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

Legal Issues

  1. 1 Whether claimants are Convention refugees under sections 96 and 97(1) of the IRPA
  2. 2 Whether there is nexus to a Convention ground based on sexual orientation and gender (particular social group)
  3. 3 Credibility of the claimants and effect of inconsistent narratives and alleged poor legal representation

Ratio Decidendi

On the balance of probabilities the adult claimant is credible as a lesbian targeted for homophobic and gender-based persecution; documentary country evidence establishes an objective risk and systemic inability or unwillingness of Mexican authorities to protect LGBTQ+ persons and women; no viable internal flight alternative exists; the minor claimant has derivative nexus as immediate family; therefore both claimants meet the Convention refugee definition under sections 96 and 97(1) of IRPA and the claims are allowed.

Court Disposition

Claimants' refugee protection claims allowed; claimants determined to be Convention refugees

Orders

  • Claimants are determined to be Convention refugees under the IRPA