2024 RLLR 18

2024 RLLR 18

Claimant was found credible and established membership of a particular social group (lesbian woman); objective country evidence and statutory criminalization of same-sex relations in Ghana demonstrate a real risk of persecution, state protection was rebutted and no internal flight alternative exists; therefore...

Source-derived case information.

Citation
2024 RLLR 18
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 July 2024
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility
Source Language
english
Immigration Law Refugee Law Human Rights Law LGBT Rights Convention Refugee Particular Social Group Sexual Orientation State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether sexual orientation as a lesbian woman constitutes membership of a particular social group
  3. 3 Whether claimant's testimony is credible

Ratio Decidendi

Claimant was found credible and established membership of a particular social group (lesbian woman); objective country evidence and statutory criminalization of same-sex relations in Ghana demonstrate a real risk of persecution, state protection was rebutted and no internal flight alternative exists; therefore claimant meets the definition of a Convention refugee under section 96 IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimant is a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.