2022 RLLR 132

2022 RLLR 132

The claimants are Convention refugees because the principal claimant proved membership in a particular social group (lesbians and women facing intimate partner violence) and was persecuted on that basis, the associate claimant proved membership as a family member of such a person, there is an objective basis for...

Source-derived case information.

Citation
2022 RLLR 132
Parties
Principal Claimant: XXXX (principal claimant); Associate Claimant: XXXX (associate claimant)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 June 2022
Procedural Posture
Refugee Protection (convention Refugee Claim) / Final Decision by Refugee Protection Division (determination)
Outcome
Claims accepted; claimants found to be Convention refugees pursuant to section 96 of IRPA
Legal Topics
Particular Social Group, Internal Flight Alternative, State Protection, Credibility, Sexual Orientation, Intimate Partner Violence, Gender Related Persecution
Source Language
english
Immigration Law Refugee Law Human Rights Gender Based Violence LGBTI Rights Particular Social Group Internal Flight Alternative State Protection +4 more

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Parties

XXXX (principal claimant)

Principal Claimant

XXXX (associate claimant)

Associate Claimant

Procedural Posture

Refugee Protection (convention Refugee Claim) / Final Decision by Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether claimants are members of a particular social group
  2. 2 Whether there is nexus between fear and protected ground
  3. 3 Whether there is an objective basis for fear of persecution

Ratio Decidendi

The claimants are Convention refugees because the principal claimant proved membership in a particular social group (lesbians and women facing intimate partner violence) and was persecuted on that basis, the associate claimant proved membership as a family member of such a person, there is an objective basis for fear, state protection is not reasonably forthcoming (including because the aggressor is a police officer), and no viable internal flight alternative exists in Peru.

Court Disposition

Claims accepted; claimants found to be Convention refugees pursuant to section 96 of IRPA

Orders

  • Claimants' refugee claims accepted and claimants recognized as Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act