2019 RLLR 5

2019 RLLR 5

The claimant was found credible and established on a balance of probabilities that he is bisexual and faces a serious possibility of persecution in Haiti because of membership in the LGBT group; adequate state protection and a viable internal flight alternative do not exist for him in Haiti; therefore he meets the...

Source-derived case information.

Citation
2019 RLLR 5
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 October 2019
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Credibility Assessment, Convention Refugee, State Protection, Internal Flight Alternative, Sexual Orientation Persecution
Source Language
english
Immigration Law Refugee Law Human Rights LGBT Rights Credibility Assessment Convention Refugee State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant is a member of a particular social group (LGBT)
  3. 3 Whether claimant faces a serious possibility of persecution on Convention grounds

Ratio Decidendi

The claimant was found credible and established on a balance of probabilities that he is bisexual and faces a serious possibility of persecution in Haiti because of membership in the LGBT group; adequate state protection and a viable internal flight alternative do not exist for him in Haiti; therefore he meets the definition of a Convention refugee under IRPA ss.96 and 97(1).

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Claim accepted; claimant found to be a Convention refugee
  • No adequate state protection exists and internal flight alternative rejected