2019 RLLR 121

2019 RLLR 121

Member accepted claimant's evidence that he is a gay man on the balance of probabilities, found credible past incidents of attack and police harassment, and relied on country documentation showing criminalization of same-sex activity and lack of effective state protection; therefore the claimant faces a real risk of persecution on account of sexual orientation and is a Convention Refugee.

Citation
2019 RLLR 121
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 August 2019
Procedural Posture
Convention Refugee/protection Claim Under IRPA / Decision (oral)
Outcome
Claim accepted; claimant found to be a Convention Refugee.
Legal Topics
Sexual Orientation, Persecution, State Protection, Credibility, Delay in Filing
Source Language
English
Immigration and Refugee Law Human Rights Criminal Law Sexual Orientation Persecution State Protection Credibility Delay in Filing

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 4 Authorities cited 2 Party arguments 1 Amounts and remedies 3
Sign in to unlock

Parties

[XXX]

Claimant

Procedural Posture

Convention Refugee/protection Claim Under IRPA / Decision (oral)

Legal Issues

  1. 1 Whether claimant is a Convention Refugee under ss.96 and 97.1 IRPA
  2. 2 Credibility of claimant's sexual orientation and past persecution
  3. 3 Whether there is a nexus between persecution and sexual orientation

Ratio Decidendi

Member accepted claimant's evidence that he is a gay man on the balance of probabilities, found credible past incidents of attack and police harassment, and relied on country documentation showing criminalization of same-sex activity and lack of effective state protection; therefore the claimant faces a real risk of persecution on account of sexual orientation and is a Convention Refugee.

Court Disposition

Claim accepted; claimant found to be a Convention Refugee.

Orders

  • Claimant granted refugee protection (claim accepted)