2021 RLLR 49

2021 RLLR 49

The Claimant was found credible as to his sexual orientation and relationships; objective country condition evidence shows pervasive discrimination and state‑enabled or tolerated persecution of LGBTQI+ persons in Turkey; state protection is not reasonably available and no viable internal flight alternative exists; therefore the Claimant would face a serious possibility of persecution on the basis of membership of a particular social group (sexual orientation) and is a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 49
Parties
Claimant: XXXX XXXX XXXX; Decision Maker: Refugee Protection Division, Panel Tamara L. Thomas
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 April 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination/decision
Outcome
Claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation, Convention Refugee Status (s.96 Irpa), Credibility Assessment, State Protection, Internal Flight Alternative, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Lgbtq+ Rights Sexual Orientation Convention Refugee Status (s.96 Irpa) Credibility Assessment State Protection +2 more

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Parties

XXXX XXXX XXXX

Claimant

Refugee Protection Division, Panel Tamara L. Thomas

Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination/decision

Legal Issues

  1. 1 Whether the Claimant is a Convention refugee under s.96 IRPA on the basis of sexual orientation
  2. 2 Credibility of the Claimant and weight to be given to documentary evidence
  3. 3 Whether a nexus exists between feared harm and a Convention ground

Ratio Decidendi

The Claimant was found credible as to his sexual orientation and relationships; objective country condition evidence shows pervasive discrimination and state‑enabled or tolerated persecution of LGBTQI+ persons in Turkey; state protection is not reasonably available and no viable internal flight alternative exists; therefore the Claimant would face a serious possibility of persecution on the basis of membership of a particular social group (sexual orientation) and is a Convention refugee under s.96 IRPA.

Court Disposition

Claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; Claimant found to be a Convention refugee pursuant to s.96 IRPA.