MA6-01580

MA6-01580

The claimant offered credible, consistent testimony of repeated targeted abuse because of his homosexuality, corroborated by country documentation demonstrating widespread homophobic violence and ineffective state protection in Mexico (including in Mexico City); the internal flight alternative was not reasonable; therefore the claimant has a well-founded fear of persecution for membership in a particular social group and is a Convention refugee.

Citation
MA6-01580
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Presiding Panel Member: Paule Robitaille
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 January 2007
Procedural Posture
Refugee Protection Claim (convention Refugee) / Hearing and Decision
Outcome
Claim allowed; claimant recognized as a Convention refugee and granted protection in Canada.
Legal Topics
Sexual Orientation, State Protection, Internal Flight Alternative, Convention Refugee Determination, Credibility
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation State Protection Internal Flight Alternative Convention Refugee Determination Credibility

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Paule Robitaille

Presiding Panel Member

Procedural Posture

Refugee Protection Claim (convention Refugee) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant was persecuted because of his sexual orientation
  2. 2 Whether state protection in Mexico was available and effective
  3. 3 Whether an internal flight alternative existed

Ratio Decidendi

The claimant offered credible, consistent testimony of repeated targeted abuse because of his homosexuality, corroborated by country documentation demonstrating widespread homophobic violence and ineffective state protection in Mexico (including in Mexico City); the internal flight alternative was not reasonable; therefore the claimant has a well-founded fear of persecution for membership in a particular social group and is a Convention refugee.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee and granted protection in Canada.

Orders

  • Claim allowed; claimant recognized as a "Convention refugee" and granted Canadian protection.