2019 RLLR 10

2019 RLLR 10

On a balance of probabilities the principal claimant is a Convention refugee because he is a homosexual who has been persecuted by state and non‑state actors in Pakistan, state protection is not available and there is no viable internal flight alternative; the claimant (mother) is not credible on central allegations and has not rebutted the presumption of state protection nor shown that IFAs are not available, therefore her claim is rejected.

Citation
2019 RLLR 10
Parties
Principal Claimant: [XXX]; Claimant (mother): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 April 2019
Procedural Posture
Refugee Protection Claim (irpa S.96 and S.97(1)) / Decision by Refugee Protection Division
Outcome
Principal claimant found to be a Convention refugee; claimant (mother) claim rejected (not a Convention refugee and not a person in need of protection).
Legal Topics
Sexual Orientation, Membership of a Particular Social Group, Internal Flight Alternative, State Protection, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Membership of a Particular Social Group Internal Flight Alternative State Protection Credibility Assessment

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Parties

[XXX]

Principal Claimant

[XXX]

Claimant (mother)

Procedural Posture

Refugee Protection Claim (irpa S.96 and S.97(1)) / Decision by Refugee Protection Division

Legal Issues

  1. 1 Identity of claimants
  2. 2 Credibility of testimony
  3. 3 Well‑foundedness of fear of persecution

Ratio Decidendi

On a balance of probabilities the principal claimant is a Convention refugee because he is a homosexual who has been persecuted by state and non‑state actors in Pakistan, state protection is not available and there is no viable internal flight alternative; the claimant (mother) is not credible on central allegations and has not rebutted the presumption of state protection nor shown that IFAs are not available, therefore her claim is rejected.

Court Disposition

Principal claimant found to be a Convention refugee; claimant (mother) claim rejected (not a Convention refugee and not a person in need of protection).

Orders

  • Grant refugee protection to the principal claimant under section 96 of IRPA
  • Refuse the claimant (mother) under sections 96 and 97(1) of IRPA