Canada Case Law

2024 RLLR 18

Court

Royal Canadian Mounted Police Labour Relations

Claimant was found credible and established membership of a particular social group (lesbian woman); objective country evidence and statutory criminalization of same-sex relations in Ghana demonstrate a real risk of persecution, state protection was rebutted and no internal flight alternative exists; therefore claimant meets the definition of a Convention refugee under section 96 IRPA.

Source excerpt

• Convention refugee
• Particular social group
• Sexual orientation
• State protection
• Internal flight alternative
• Credibility

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2023 RLLR 19

Court

Royal Canadian Mounted Police Labour Relations

The Panel accepted the claimant as a Convention refugee under section 96 IRPA because she was found credible, belonged to the particular social group of transgender persons, documentary country evidence established a serious possibility of persecution and ineffective state protection throughout Mexico, and no viable internal flight alternative existed for her circumstances.

Source excerpt

• Refugee status
• Particular social group
• State protection
• Internal flight alternative
• Credibility assessment
• Sogiesc guidelines

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2023 RLLR 171

Court

Royal Canadian Mounted Police Labour Relations

The claimant was found to be a bisexual man with credible, consistent testimony and corroborating evidence; country conditions and federal criminalization of same-sex activity create a real risk and demonstrate the State is the agent of persecution; no viable internal flight alternative exists; therefore the claimant meets the definition of a Convention refugee under section 96 IRPA.

Source excerpt

• Sexual orientation asylum
• State protection
• Internal flight alternative
• Criminalization of same-sex activity

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2023 RLLR 156

Court

Royal Canadian Mounted Police Labour Relations

The claimant is a Convention refugee: he is a member of a particular social group (gay man), provided credible, spontaneous testimony of past and ongoing harm (outing, workplace loss, family violence, partner abuse) and established a well‑founded fear of persecution; state protection in China is inadequate in his circumstances and no viable internal flight alternative exists, therefore refugee protection is warranted.

Source excerpt

• Sexual orientation
• Membership of a particular social group
• State protection
• Internal flight alternative
• Persecution
• Credibility

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2023 RLLR 188

Court

Royal Canadian Mounted Police Labour Relations

The claimant was found to be a Convention refugee under IRPA s.96 as a bisexual woman because her credible, corroborated testimony and country evidence established a nexus to a Convention ground, an objectively well-founded fear of persecution from state and societal actors in Uganda, and the absence of adequate state protection or a viable internal flight alternative.

Source excerpt

• Convention refugee
• Membership in a particular social group
• Sexual orientation
• State protection
• Internal flight alternative
• Credibility assessment

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Akinwumi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed two PRRA judicial review applications, holding the applicants were disentitled by unclean hands after failing to report for removal.

• Pre-removal risk assessment
• Judicial review
• Clean hands doctrine
• Removal orders
• Deterrence
• Judicial-review

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2022 RLLR 120

Court

Royal Canadian Mounted Police Labour Relations

The claimant's identity and credibility were accepted on the balance of probabilities, his bisexual sexual orientation was established and linked to a well-founded fear of persecution in Uganda, documentary country evidence showed systemic discrimination and criminalization of same-sex conduct, state protection was unavailable and no viable internal flight alternative existed; therefore he meets the definition of a Convention refugee under ss.96-97 IRPA.

Source excerpt

• Convention refugee
• Particular social group
• State protection
• Internal flight alternative
• Sexual orientation/sogie

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2021 RLLR 16

Court

Royal Canadian Mounted Police Labour Relations

The claimants are Convention refugees because they credibly established membership in a particular social group (lesbian woman and non‑gender conforming woman), demonstrated a well‑founded fear of persecution supported by both subjective testimony and objective country conditions showing pervasive homophobia and lack of operationally effective state protection, and relocation within the Bahamas is not reasonable.

Source excerpt

• Convention refugee
• Persecution
• Sexual orientation
• Gender identity
• State protection
• Internal relocation

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2021 RLLR 15

Court

Royal Canadian Mounted Police Labour Relations

The claimant's identity and fear are credible, they belong to particular social groups (gender fluid/non-binary persons and persons of diverse sexual orientations), objective country evidence establishes a real risk of persecution in Chile, state protection is not operationally effective and no internal flight alternative exists; therefore the claimant meets the definition of a Convention refugee under s.96.

Source excerpt

• Convention refugee status
• Particular social group
• State protection
• Internal flight alternative
• Credibility
• Country conditions

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2021 RLLR 40

Court

Royal Canadian Mounted Police Labour Relations

The Tribunal accepted the claimant's identity and credible evidence of targeted assaults and threats by the Gulf Clan and others because of his sexual orientation, gender identity and advocacy, found objective corroborating country evidence of risk to LGBTI persons and social leaders, concluded state protection is ineffective or unavailable and that no viable internal flight alternative exists, and therefore determined there is a serious possibility of persecution making the claimant a Convention refugee under s.96 IRPA.

Source excerpt

• Convention refugee
• Particular social group
• State protection
• Internal flight alternative
• Persecution
• Human rights defender

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