2023 RLLR 14

2023 RLLR 14

The claimants were found to be credible members of a particular social group (persons identifying as bisexual and/or swingers), there is objective country evidence and specific factual history showing a real risk of persecution in Mexico, state protection is inadequate and no viable internal flight alternative exists for them; therefore they qualify as Convention refugees under section 96 of the IRPA.

Citation
2023 RLLR 14
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 September 2023
Procedural Posture
Refugee Protection Claim / Decision Refugee Protection Division
Outcome
Claims accepted; claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation, SOGIESC, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Sexual Orientation SOGIESC Particular Social Group State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are members of a particular social group
  2. 2 Whether claimants have a well‑founded fear of persecution (objective risk)
  3. 3 Whether adequate state protection is available in Mexico

Ratio Decidendi

The claimants were found to be credible members of a particular social group (persons identifying as bisexual and/or swingers), there is objective country evidence and specific factual history showing a real risk of persecution in Mexico, state protection is inadequate and no viable internal flight alternative exists for them; therefore they qualify as Convention refugees under section 96 of the IRPA.

Court Disposition

Claims accepted; claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection granted; claimants are declared Convention refugees pursuant to section 96 of the IRPA.