2023 RLLR 156

2023 RLLR 156

The claimant is a Convention refugee: he is a member of a particular social group (gay man), provided credible, spontaneous testimony of past and ongoing harm (outing, workplace loss, family violence, partner abuse) and established a well‑founded fear of persecution; state protection in China is inadequate in his circumstances and no viable internal flight alternative exists, therefore refugee protection is warranted.

Citation
2023 RLLR 156
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 June 2023
Procedural Posture
Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision Rendered From the Bench
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Sexual Orientation, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Persecution, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Sexual Orientation Membership of a Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision Rendered From the Bench

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Nexus to a Convention ground (membership in a particular social group)
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The claimant is a Convention refugee: he is a member of a particular social group (gay man), provided credible, spontaneous testimony of past and ongoing harm (outing, workplace loss, family violence, partner abuse) and established a well‑founded fear of persecution; state protection in China is inadequate in his circumstances and no viable internal flight alternative exists, therefore refugee protection is warranted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant found to be a Convention refugee.