2023 RLLR 184

2023 RLLR 184

On the totality of evidence the claimants established on a balance of probabilities that as bisexual men in a relationship they face a serious possibility of persecution in Pakistan, state protection is inadequate or an agent of harm, and no internal flight alternative exists, therefore they meet the s.96 Convention refugee test.

Citation
2023 RLLR 184
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 February 2023
Procedural Posture
Refugee Protection Claim / Decision by Refugee Protection Division (rpd)
Outcome
Claims accepted; both claimants found to be Convention refugees pursuant to s.96 of the IRPA
Legal Topics
Sexual Orientation, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Persecution
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Particular Social Group State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision by Refugee Protection Division (rpd)

Legal Issues

  1. 1 Whether claimants are members of a particular social group (bisexual men)
  2. 2 Whether there is a nexus between the claimants' fear and a Convention ground
  3. 3 Whether claimants face a serious possibility of persecution under s.96 IRPA

Ratio Decidendi

On the totality of evidence the claimants established on a balance of probabilities that as bisexual men in a relationship they face a serious possibility of persecution in Pakistan, state protection is inadequate or an agent of harm, and no internal flight alternative exists, therefore they meet the s.96 Convention refugee test.

Court Disposition

Claims accepted; both claimants found to be Convention refugees pursuant to s.96 of the IRPA

Orders

  • Claimants recognized as Convention refugees pursuant to s.96 of the Immigration and Refugee Protection Act