2023 RLLR 110

2023 RLLR 110

On credible evidence the minor is a transgender person and the principal is his mother/carer; there is an objective risk of serious discrimination and violence against sexual minorities in Peru, state protection is not reasonably available, and no viable internal flight alternative exists; therefore the claimants are Convention refugees under s.96 IRPA.

Citation
2023 RLLR 110
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 March 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Sexual Orientation and Gender Identity, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Lgbtq+ Rights Convention Refugee Sexual Orientation and Gender Identity State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under s.96 IRPA
  2. 2 Whether membership in a particular social group (sexual minority; family member of SOGIESC individual) is established
  3. 3 Whether objective risk of persecution exists in Peru

Ratio Decidendi

On credible evidence the minor is a transgender person and the principal is his mother/carer; there is an objective risk of serious discrimination and violence against sexual minorities in Peru, state protection is not reasonably available, and no viable internal flight alternative exists; therefore the claimants are Convention refugees under s.96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimants XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are determined to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.