2024 RLLR 24

2024 RLLR 24

The claimant was found credible; objective country evidence establishes systemic, sustained violence and discrimination against LGBTQ persons in the Dominican Republic; state protection is ineffective; no viable internal flight alternative exists (relocation would require concealment). Therefore the claimant faces a serious possibility of persecution on account of sexual orientation and qualifies as a Convention refugee under section 96 IRPA.

Citation
2024 RLLR 24
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 August 2024
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Final Decision (determination)
Outcome
Claim accepted; claimant recognized as a Convention refugee pursuant to section 96 of the IRPA.
Legal Topics
Convention Refugee, Persecution Based on Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights SOGIESC Law Convention Refugee Persecution Based on Sexual Orientation State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Final Decision (determination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant faces persecution on account of sexual orientation
  3. 3 Whether effective state protection is available in the Dominican Republic

Ratio Decidendi

The claimant was found credible; objective country evidence establishes systemic, sustained violence and discrimination against LGBTQ persons in the Dominican Republic; state protection is ineffective; no viable internal flight alternative exists (relocation would require concealment). Therefore the claimant faces a serious possibility of persecution on account of sexual orientation and qualifies as a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee pursuant to section 96 of the IRPA.

Orders

  • Claim accepted; claimant recognized as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.