2023 RLLR 169

2023 RLLR 169

The claimant's testimony establishes his identity and sexual orientation; objective country evidence shows criminalisation of same‑sex activity, widespread stigma and inadequate state protection; the claimant therefore has a well‑founded fear of persecution and no viable internal flight alternative, making him a Convention refugee under section 96 of IRPA.

Citation
2023 RLLR 169
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 December 2023
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Criminalisation of Same Sex Activity
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Particular Social Group State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee based on sexual orientation (membership of a particular social group)
  2. 2 Whether the claimant's testimony and documentary evidence are credible and authentic
  3. 3 Whether there is a well‑founded fear of persecution on return to Kenya

Ratio Decidendi

The claimant's testimony establishes his identity and sexual orientation; objective country evidence shows criminalisation of same‑sex activity, widespread stigma and inadequate state protection; the claimant therefore has a well‑founded fear of persecution and no viable internal flight alternative, making him a Convention refugee under section 96 of IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant recognized as a Convention refugee under section 96 of IRPA