2023 RLLR 112

2023 RLLR 112

The claimants were found credible, established nexus to the Convention as a married same‑sex couple, and demonstrated on objective country evidence that they face a serious possibility of persecution in both Russia and Ukraine with no adequate state protection or viable internal flight alternative; therefore they meet the definition of Convention refugees under section 96 of the IRPA.

Citation
2023 RLLR 112
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 April 2023
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act (convention Refugee) / Decision by the Refugee Protection Division (determination)
Outcome
Claims allowed; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Conscription, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Lgbtq+ Rights Sexual Orientation Membership of a Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act (convention Refugee) / Decision by the Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether the claimants constitute a particular social group based on sexual orientation and marital status
  2. 2 Whether the claimants have a well-founded fear of persecution in Russia and/or Ukraine
  3. 3 Whether effective state protection is available in Russia or Ukraine

Ratio Decidendi

The claimants were found credible, established nexus to the Convention as a married same‑sex couple, and demonstrated on objective country evidence that they face a serious possibility of persecution in both Russia and Ukraine with no adequate state protection or viable internal flight alternative; therefore they meet the definition of Convention refugees under section 96 of the IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claims allowed; claimants are recognized as Convention refugees pursuant to section 96 of the IRPA.