2020 RLLR 154

The claimant was found credible on core facts, established membership in a particular social group (transgender woman), and adduced objective country evidence showing Hungarian authorities are unwilling or unable to protect LGBT persons throughout the country; therefore she faces a serious possibility of persecution and is a Convention refugee under s.96 of IRPA.

Citation: 2020 RLLR 154
Parties: Claimant: XXXX XXXX; Adjudicator: Roslyn Ahara
Court: Royal Canadian Mounted Police Labour Relations
Jurisdiction: Canada
Judgment Date: 7 January 2020
Procedural Posture: Refugee Protection Claim / Final Decision on Claim
Outcome: Claim accepted; claimant found to be a Convention refugee
Legal Topics: Refugee Protection, State Protection, Membership of a Particular Social Group, Gender Identity, Sexual Orientation, Internal Flight Alternative, Credibility Assessment
Source Language: English

Immigration and Refugee Law Human Rights Administrative Law LGBTQ Rights Refugee Protection State Protection Membership of a Particular Social Group Gender Identity +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 1

Parties

XXXX XXXX

Claimant

Roslyn Ahara

Adjudicator

Procedural Posture

Refugee Protection Claim / Final Decision on Claim

Legal Issues

1 Whether the claimant is a Convention refugee under s.96 of IRPA
2 Whether the claimant is a member of a particular social group (transgender woman)
3 Whether state protection in Hungary is available and effective

Ratio Decidendi

Court Disposition

Claim accepted; claimant found to be a Convention refugee