2019 RLLR 154

2019 RLLR 154

On the balance of probabilities the claimant's testimony and documentary evidence were credible and established nexus between the risk of persecution and the claimant's sexual orientation/gender identity; country conditions show a realistic risk to transgender/LGBT persons in the Bahamas; explanations for failure to claim in the U.S. and prior re‑availment were accepted, therefore the claimant qualifies as a Convention refugee under s.96 and a person in need of protection under s.97(1).

Citation
2019 RLLR 154
Parties
Claimant: Claimant; Presiding Member: S. Randhawa
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim allowed; claimant found to be a Convention refugee under s.96 IRPA and a person in need of protection under s.97(1) IRPA
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Gender Identity, Sexual Orientation, Credibility, Failure to Claim Abroad, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Lgbtq+ Law Convention Refugee Determination Person in Need of Protection Gender Identity Sexual Orientation +3 more

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Parties

Claimant

Claimant

S. Randhawa

Presiding Member

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

On the balance of probabilities the claimant's testimony and documentary evidence were credible and established nexus between the risk of persecution and the claimant's sexual orientation/gender identity; country conditions show a realistic risk to transgender/LGBT persons in the Bahamas; explanations for failure to claim in the U.S. and prior re‑availment were accepted, therefore the claimant qualifies as a Convention refugee under s.96 and a person in need of protection under s.97(1).

Court Disposition

Claim allowed; claimant found to be a Convention refugee under s.96 IRPA and a person in need of protection under s.97(1) IRPA

Orders

  • Claim allowed: claimant granted refugee protection (found to be a Convention refugee under s.96 and a person in need of protection under s.97(1))