TC0-10107

TC0-10107

Based on independent assessment of country documentation demonstrating pervasive, prejudice-motivated violence and discrimination against sexual minorities in Mexico, and evidence of ineffective state protection, the tribunal found the appellants face a serious possibility of persecution on the basis of sexual orientation and no viable internal flight alternative exists; accordingly the RPD determination was set aside and appellants were found to be Convention refugees.

Citation
TC0-10107
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 March 2021
Procedural Posture
Refugee Appeal / Decision on Appeal (appeal Allowed)
Outcome
Appeal allowed; RPD decision set aside; appellants designated as Convention refugees
Legal Topics
Sexual Orientation, Persecution, Internal Flight Alternative, Credibility Findings, HIV Status, State Protection
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Persecution Internal Flight Alternative Credibility Findings HIV Status +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal (appeal Allowed)

Legal Issues

  1. 1 Whether appellants face persecution in Mexico because of their sexual orientation
  2. 2 Whether adequate state protection or internal flight alternative exists
  3. 3 Whether RPD's credibility and delay findings were reasonable

Ratio Decidendi

Based on independent assessment of country documentation demonstrating pervasive, prejudice-motivated violence and discrimination against sexual minorities in Mexico, and evidence of ineffective state protection, the tribunal found the appellants face a serious possibility of persecution on the basis of sexual orientation and no viable internal flight alternative exists; accordingly the RPD determination was set aside and appellants were found to be Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside; appellants designated as Convention refugees

Orders

  • Appeal allowed
  • RPD determination set aside