2023 RLLR 27

2023 RLLR 27

The claimant was found credible and a member of the particular social group 'gay men'; country evidence and claimant's history establish past persecution and a real risk of future persecution, police misconduct demonstrates inadequate state protection, and relocation within Mexico is not a viable alternative; accordingly the claimant has a well‑founded fear of persecution and qualifies as a Convention refugee under s.96 IRPA.

Citation
2023 RLLR 27
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 August 2023
Procedural Posture
Convention Refugee Claim (immigration and Refugee Protection Act Sections 96 and 97(1)) / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation, Particular Social Group, State Protection, Internal Flight Alternative, Well‑founded Fear of Persecution, Gender Considerations
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Particular Social Group State Protection Internal Flight Alternative Well‑founded Fear of Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Convention Refugee Claim (immigration and Refugee Protection Act Sections 96 and 97(1)) / Decision

Legal Issues

  1. 1 Membership in a particular social group (gay men)
  2. 2 Well‑founded fear of persecution
  3. 3 Adequacy of state protection

Ratio Decidendi

The claimant was found credible and a member of the particular social group 'gay men'; country evidence and claimant's history establish past persecution and a real risk of future persecution, police misconduct demonstrates inadequate state protection, and relocation within Mexico is not a viable alternative; accordingly the claimant has a well‑founded fear of persecution and qualifies as a Convention refugee under s.96 IRPA.

Court Disposition

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

Orders

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