2023 RLLR 189

2023 RLLR 189

The claimant was found credible and established identity; objective country evidence (criminalization under s.377, societal hostility, lack of protective response by authorities) demonstrates a real risk of persecution on account of sexual orientation; state protection is not reasonably available and internal relocation is not viable; therefore the claimant meets the definition of a Convention refugee under section 96 on a balance of probabilities.

Citation
2023 RLLR 189
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 April 2023
Procedural Posture
Refugee Protection Claim (convention Refugee) / Oral Hearing and Decision
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Sexual Orientation, Convention Refugee Determination, State Protection, Internal Flight Alternative, Credibility, Objective Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Sexual Orientation Convention Refugee Determination State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee) / Oral Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee on grounds of sexual orientation
  2. 2 Credibility and identity of the claimant
  3. 3 Whether there is an objective basis for the claimant's fear

Ratio Decidendi

The claimant was found credible and established identity; objective country evidence (criminalization under s.377, societal hostility, lack of protective response by authorities) demonstrates a real risk of persecution on account of sexual orientation; state protection is not reasonably available and internal relocation is not viable; therefore the claimant meets the definition of a Convention refugee under section 96 on a balance of probabilities.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

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