2020 RLLR 19

2020 RLLR 19

Claimant found credible and established nexus to a Convention ground (sexual orientation and political opinion); documentary and testimonial evidence demonstrated that despite decriminalization, social hostility and ineffective state protection in India create a serious possibility of persecution with no viable internal flight alternative; accordingly claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
2020 RLLR 19
Parties
Claimant: [XXX]; Respondent: Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 February 2020
Procedural Posture
Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Refugee Law LGBT Rights Human Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant

Canada

Respondent

Procedural Posture

Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant
  2. 2 State protection availability for sexual orientation
  3. 3 Internal flight alternative within India

Ratio Decidendi

Claimant found credible and established nexus to a Convention ground (sexual orientation and political opinion); documentary and testimonial evidence demonstrated that despite decriminalization, social hostility and ineffective state protection in India create a serious possibility of persecution with no viable internal flight alternative; accordingly claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act
  • Refugee Protection Division accepts the claimant's claim