2023 RLLR 205

2023 RLLR 205

The claimant was found credible, established membership in a particular social group (lesbian), proved a subjective fear corroborated by objective country evidence showing criminalization and societal discrimination against LGBTQ persons, and demonstrated that state protection and internal relocation are not viable; therefore she meets the Convention refugee test and her claim is accepted.

Citation
2023 RLLR 205
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 November 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division Oral Reasons)
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, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law Gender and Sexuality Sexual Orientation Membership of a Particular Social Group State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division Oral Reasons)

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (lesbian)
  2. 2 Whether claimant has a well‑founded fear of persecution (subjective and objective elements)
  3. 3 Whether state protection in Sri Lanka is available and adequate

Ratio Decidendi

The claimant was found credible, established membership in a particular social group (lesbian), proved a subjective fear corroborated by objective country evidence showing criminalization and societal discrimination against LGBTQ persons, and demonstrated that state protection and internal relocation are not viable; therefore she meets the Convention refugee test and her claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted and claimant recognized as a Convention refugee