MA2-06482

MA2-06482

The panel found the claimant credible and established membership in the particular social group of homosexuals, found a well-founded fear of persecution in Lebanon, concluded state protection and internal flight alternatives were unavailable, and therefore determined the claimant is a Convention refugee under section 96 of the IRPA.

Citation
MA2-06482
Parties
Claimant: XXXXXXXXXXXXXXXXXX; Panel Member: Diane Fecteau; Refugee Protection Officer: Lyne Gauthier
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2003
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision (refugee Protection Division)
Outcome
Claim allowed; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Membership in a Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Convention Refugee Determination, Protection Against Torture/cruel or Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Membership in a Particular Social Group Sexual Orientation State Protection Internal Flight Alternative Convention Refugee Determination +1 more

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Parties

XXXXXXXXXXXXXXXXXX

Claimant

Diane Fecteau

Panel Member

Lyne Gauthier

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (homosexuals)
  2. 2 Whether claimant has a well-founded fear of persecution on a Convention ground
  3. 3 Whether claimant can access state protection in Lebanon

Ratio Decidendi

The panel found the claimant credible and established membership in the particular social group of homosexuals, found a well-founded fear of persecution in Lebanon, concluded state protection and internal flight alternatives were unavailable, and therefore determined the claimant is a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act