2019 RLLR 130

2019 RLLR 130

On the balance of probabilities the claimant proved he is a gay man and faces a serious possibility of persecution in Turkey because of his sexual orientation; objective evidence shows state protection is ineffective and no viable internal flight alternative exists; therefore the claimant is a Convention refugee under s.96 of the Act.

Citation
2019 RLLR 130
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
22 August 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (oral) Reasons Concluded
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee Determination, Particular Social Group (sexual Orientation), State Protection, Internal Flight Alternative, Persecution
Source Language
English
Immigration Refugee Law Human Rights LGBT Rights Convention Refugee Determination Particular Social Group (sexual Orientation) State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (oral) Reasons Concluded

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether sexual orientation constitutes membership in a particular social group
  3. 3 Whether there is nexus between feared harm and a Convention ground

Ratio Decidendi

On the balance of probabilities the claimant proved he is a gay man and faces a serious possibility of persecution in Turkey because of his sexual orientation; objective evidence shows state protection is ineffective and no viable internal flight alternative exists; therefore the claimant is a Convention refugee under s.96 of the Act.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claimant found to be a Convention refugee and claim accepted.