2023 RLLR 127

2023 RLLR 127

Claimant is a Convention refugee under s.96 IRPA because he credibly established membership in a particular social group (bisexual men), there is a strong objective basis that he faces a serious possibility of persecution throughout Bangladesh, state protection is inadequate, and no internal flight alternative exists.

Citation
2023 RLLR 127
Parties
Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 December 2023
Procedural Posture
Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (hearing Concluded)
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the IRPA.
Legal Topics
Sexual Orientation, SOGIESC, Internal Flight Alternative, State Protection, Credibility, Convention Refugee
Source Language
English
Immigration Law Refugee Law Human Rights Sexual Orientation SOGIESC Internal Flight Alternative State Protection Credibility +1 more

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Parties

XXXXX

Claimant

Procedural Posture

Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Nexus to a Convention ground: membership of a particular social group (bisexual men)
  3. 3 Credibility of the claimant's testimony

Ratio Decidendi

Claimant is a Convention refugee under s.96 IRPA because he credibly established membership in a particular social group (bisexual men), there is a strong objective basis that he faces a serious possibility of persecution throughout Bangladesh, state protection is inadequate, and no internal flight alternative exists.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the IRPA.

Orders

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