2019 RLLR 25

2019 RLLR 25

The claimant was found credible, established nexus between feared harm and membership of a particular social group (bisexual man), and objective country evidence showed the Turkish state is unwilling or unable to protect him with no viable internal flight alternative; therefore he meets the definition of a Convention refugee.

Citation
2019 RLLR 25
Parties
Claimant: Claimant; State/respondent: Government of Turkey; Decision Maker: Refugee Protection Division - Member Jiyoung Kim
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 December 2019
Procedural Posture
Convention Refugee Claim Under Immigration and Refugee Protection Act (ss.96 97) / Decision Following Merits Hearing
Outcome
Claim accepted; claimant recognized as a Convention refugee.
Legal Topics
Sexual Orientation, Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights LGBT Rights Administrative Law Sexual Orientation Persecution Particular Social Group +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 3 Party arguments 2
Sign in to unlock

Parties

Claimant

Claimant

Government of Turkey

State/respondent

Refugee Protection Division - Member Jiyoung Kim

Decision Maker

Procedural Posture

Convention Refugee Claim Under Immigration and Refugee Protection Act (ss.96 97) / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether there is nexus between feared harm and a Convention ground (particular social group - sexual orientation)
  3. 3 Credibility of claimant's testimony and supporting documents

Ratio Decidendi

The claimant was found credible, established nexus between feared harm and membership of a particular social group (bisexual man), and objective country evidence showed the Turkish state is unwilling or unable to protect him with no viable internal flight alternative; therefore he meets the definition of a Convention refugee.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee.

Orders

  • Claim accepted; claimant recognized as a Convention refugee.