2023 RLLR 243

2023 RLLR 243

On the balance of probabilities the claimant established that he is a bisexual man who would face a serious possibility of persecution in Albania from family members, his ex‑lover’s family and society at large; objective country evidence corroborates his fear, state protection is ineffective and internal relocation is not viable, therefore he is a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 243
Parties
Claimant: Claimant (name redacted); Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 November 2023
Procedural Posture
Refugee Protection Claim (irpa S.96) / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 IRPA.
Legal Topics
Refugee Determination, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation and Gender Identity Refugee Determination Particular Social Group State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

Claimant (name redacted)

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim (irpa S.96) / Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA as a bisexual man (membership of a particular social group)
  2. 2 Whether claimant’s fear of persecution is well‑founded (objective basis)
  3. 3 Whether state protection in Albania is available and effective

Ratio Decidendi

On the balance of probabilities the claimant established that he is a bisexual man who would face a serious possibility of persecution in Albania from family members, his ex‑lover’s family and society at large; objective country evidence corroborates his fear, state protection is ineffective and internal relocation is not viable, therefore he is a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 IRPA.

Orders

  • Claim accepted; claimant granted Convention refugee status pursuant to section 96 of the IRPA.