2019 RLLR 66

2019 RLLR 66

The claims were accepted because the tribunal found the claimants credible, established a clear nexus between persecution and sexual orientation/family association, determined there is objective country condition evidence of systemic violence and inadequate state protection, and found no viable internal flight alternative; on that basis the claimants satisfy the Convention refugee definition on a balance of probabilities.

Citation
2019 RLLR 66
Parties
Principal Claimant: [XXX]; Spouse/claimant: [XXX]; Mother/claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 August 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (positive Grant)
Outcome
Positive decision — Convention refugee status granted to all three claimants
Legal Topics
Convention Refugee Definition, State Protection, Internal Flight Alternative, Persecution Based on Sexual Orientation, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Definition State Protection Internal Flight Alternative Persecution Based on Sexual Orientation Credibility Assessment

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Parties

[XXX]

Principal Claimant

[XXX]

Spouse/claimant

[XXX]

Mother/claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (positive Grant)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under s.96 IRPA
  2. 2 Whether claimants are credible
  3. 3 Whether there is a nexus between persecution and protected ground (sexual orientation and family association)

Ratio Decidendi

The claims were accepted because the tribunal found the claimants credible, established a clear nexus between persecution and sexual orientation/family association, determined there is objective country condition evidence of systemic violence and inadequate state protection, and found no viable internal flight alternative; on that basis the claimants satisfy the Convention refugee definition on a balance of probabilities.

Court Disposition

Positive decision — Convention refugee status granted to all three claimants

Orders

  • Convention refugee status granted to the three claimants