2019 RLLR 151

2019 RLLR 151

The Member accepted the claimant's credibility on balance, found she was an LGBT activist and was threatened and displaced because she was perceived to support LGBT persons; country evidence established a real risk of persecution on grounds of imputed membership in a particular social group and political opinion and state protection and internal flight were unavailable; therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Citation
2019 RLLR 151
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 December 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (oral Reasons Rendered; Written Reasons Possible)
Outcome
Claimant found to be a Convention refugee; claim accepted.
Legal Topics
Persecution, Credibility Assessment, State Protection, Internal Flight Alternative, Particular Social Group, Political Opinion, SOGIE (sexual Orientation and Gender Identity and Expression)
Source Language
English
Refugee Law Immigration Law Human Rights LGBT Rights Persecution Credibility Assessment State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (oral Reasons Rendered; Written Reasons Possible)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant is a Convention refugee based on imputed membership in a particular social group
  3. 3 Whether claimant is a Convention refugee based on political opinion

Ratio Decidendi

The Member accepted the claimant's credibility on balance, found she was an LGBT activist and was threatened and displaced because she was perceived to support LGBT persons; country evidence established a real risk of persecution on grounds of imputed membership in a particular social group and political opinion and state protection and internal flight were unavailable; therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Court Disposition

Claimant found to be a Convention refugee; claim accepted.

Orders

  • Claimant's refugee protection claim accepted; claimant is a Convention refugee.