2021 RLLR 41

2021 RLLR 41

The claimant, a member of a particular social group (gay and identifying with a gender different from birth sex), was found credible and established identity; objective country evidence and the claimant's family history show a serious possibility of persecution, state protection is unavailable or unreliable, and internal relocation is not viable; accordingly the claim meets s.96 IRPA and is accepted.

Citation
2021 RLLR 41
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
3 June 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (merits Hearing)
Outcome
Claim accepted — refugee protection granted
Legal Topics
Sexual Orientation, Gender Identity, Persecution, State Protection, Internal Flight Alternative, Credibility, Particular Social Group
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Gender Identity Persecution State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (merits Hearing)

Legal Issues

  1. 1 Whether claimant faces persecution based on sexual orientation and gender identity
  2. 2 Whether claimant's identity was established
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The claimant, a member of a particular social group (gay and identifying with a gender different from birth sex), was found credible and established identity; objective country evidence and the claimant's family history show a serious possibility of persecution, state protection is unavailable or unreliable, and internal relocation is not viable; accordingly the claim meets s.96 IRPA and is accepted.

Court Disposition

Claim accepted — refugee protection granted