2020 RLLR 88

2020 RLLR 88

Claimant was found credible, established membership in the particular social group of gay men, and demonstrated a well‑founded fear of persecution supported by country evidence showing criminalization and state and societal abuse; there is no effective state protection and no reasonable internal flight alternative; therefore claimant is a Convention refugee under s.96 of the IRPA.

Citation
2020 RLLR 88
Parties
Claimant: Claimant (name redacted)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 August 2020
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision/determination
Outcome
Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Sexual Orientation Persecution, Membership in a Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Nexus
Source Language
English
Immigration and Refugee Law Human Rights Law Criminal Law Sexual Orientation Persecution Membership in a Particular Social Group State Protection Internal Flight Alternative Credibility and Nexus

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Parties

Claimant (name redacted)

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision/determination

Legal Issues

  1. 1 Whether claimant has well‑founded fear of persecution based on sexual orientation
  2. 2 Whether claimant is a member of a particular social group (gay man)
  3. 3 Whether state protection in Kenya is available

Ratio Decidendi

Claimant was found credible, established membership in the particular social group of gay men, and demonstrated a well‑founded fear of persecution supported by country evidence showing criminalization and state and societal abuse; there is no effective state protection and no reasonable internal flight alternative; therefore claimant is a Convention refugee under s.96 of the IRPA.

Court Disposition

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

Orders

  • Claim accepted and protection granted as a Convention refugee under s.96 of the IRPA