2019 RLLR 136

2019 RLLR 136

Claimant's testimony and corroborating evidence established on a balance of probabilities that she is a bisexual woman and would face a serious possibility of persecution on return to Barbados; documentary evidence of criminalization, societal stigma and lack of anti-discrimination protections, together with...

Source-derived case information.

Citation
2019 RLLR 136
Parties
Claimant: [XXX]; Respondent: Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 September 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Oral Decision
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Convention, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Forced Concealment as Persecution
Source Language
english
Immigration and Refugee Protection Refugee Law Human Rights Sexual Orientation and Gender Identity Refugee Convention Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Claimant

Canada

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Oral Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of IRPA
  2. 2 Whether claimant is a member of a particular social group (bisexual woman)
  3. 3 Whether claimant has a well-founded fear of persecution (subjective and objective components)

Ratio Decidendi

Claimant's testimony and corroborating evidence established on a balance of probabilities that she is a bisexual woman and would face a serious possibility of persecution on return to Barbados; documentary evidence of criminalization, societal stigma and lack of anti-discrimination protections, together with credible evidence of police discrimination, rebutted state protection and eliminated any viable internal flight alternative, satisfying the requirements of a Convention refugee under s.96 of 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 for refugee protection accepted; no further orders specified.