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Immigration law 2024 RLLR 20

2024 RLLR 20

Court
Royal Canadian Mounted Police Labour Relations

The claimant, who self‑identifies as agender and falls within the umbrella term 'trans', has a well‑founded fear of persecution in the United States connected to gender identity; on the facts (youth, estrangement, limited supports, risk of homelessness) the state protection available in the United States is not adequate and no viable internal flight alternative exists, therefore the claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act.

Source excerpt

  • Convention refugee
  • Membership in a particular social group
  • State protection adequacy
  • Internal flight alternative
  • Gender identity
  • Credibility assessment
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Immigration law 2023 RLLR 168

2023 RLLR 168

Court
Royal Canadian Mounted Police Labour Relations

The claimant is a Convention refugee because his credible evidence establishes he is bisexual, there is an objective risk of persecution in Nigeria due to criminalization and societal hostility toward same-sex relations, state protection is unavailable or ineffective, and no internal flight alternative exists anywhere in Nigeria.

Source excerpt

  • Sexual orientation persecution
  • State protection
  • Internal flight alternative
  • Credibility assessment
  • Convention refugee determination
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Immigration and refugee protection 2023 RLLR 15

2023 RLLR 15

Court
Royal Canadian Mounted Police Labour Relations

The claimant was found credible, established membership of a particular social group (a gay man with the cited health condition), and proved on a balance of probabilities that cumulative discriminatory treatment and systemic deficiencies in state protection in Mexico amount to persecution; internal flight was not viable, therefore the claimant is a person in need of protection under section 96 of the IRPA.

Source excerpt

  • Persecution
  • Particular social group
  • Sexual orientation
  • State protection
  • Internal flight alternative
  • Credibility
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Immigration 2023 RLLR 203

2023 RLLR 203

Court
Royal Canadian Mounted Police Labour Relations

The claimant was found credible and established membership in a particular social group (lesbian); credible country documentation shows criminalization of same-sex relations, pervasive homophobic violence and lack of state protection nationwide, and therefore no viable internal flight alternative exists; on that basis the claimant has a well-founded fear of persecution and is a Convention refugee.

Source excerpt

  • Convention refugee
  • Membership of a particular social group
  • State protection
  • Internal flight alternative
  • Credibility
  • Sogiesc
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Immigration law 2023 RLLR 196

2023 RLLR 196

Court
Royal Canadian Mounted Police Labour Relations

The claimant was found credible on identity and account of past harm; nexus to a Convention ground (sexual orientation) established; objective country evidence (NDP, HRW) corroborates a real risk of persecution for lesbians in Rwanda; state protection is ineffective and no internal flight alternative exists without requiring concealment of sexual orientation; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Source excerpt

  • Convention refugee
  • Well-founded fear
  • State protection
  • Internal flight alternative (ifa)
  • Sogiesc
  • Credibility
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Immigration law 2023 RLLR 12

2023 RLLR 12

Court
Royal Canadian Mounted Police Labour Relations

The claim succeeds under section 96 because the credible evidence established that the claimant, a homosexual male, faces a serious possibility of persecution throughout Mexico for reasons of sexual orientation, state protection is inadequate and relocation to Mexico City would not eliminate the serious possibility of persecution for him, therefore he is a Convention refugee.

Source excerpt

  • Sexual orientation
  • Internal flight alternative
  • State protection
  • Persecution
  • Credibility assessment
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Immigration 2023 RLLR 219

2023 RLLR 219

Court
Royal Canadian Mounted Police Labour Relations

The Panel found the claimant credible and established his sexual orientation and advocacy on a balance of probabilities, accepted the objective country evidence showing criminalization of same‑sex activity and widespread societal hostility, concluded that adequate state protection is unavailable and there is no viable internal flight alternative, and therefore determined the claimant faces a serious possibility of persecution for a Convention reason and is a Convention refugee under ss.96 and 97(1) of the IRPA.

Source excerpt

  • Refugee protection
  • Convention refugee
  • Sexual orientation
  • Persecution
  • State protection
  • Internal flight alternative
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Immigration law 2023 RLLR 165

2023 RLLR 165

Court
Royal Canadian Mounted Police Labour Relations

The claimant is a Convention refugee because she credibly established on a balance of probabilities that she is a bisexual woman who faces a serious possibility of persecution in Kenya from state and non‑state agents (including the Mungiki, extended family and society); state protection is unavailable due to criminalization and police abuse; and no viable internal flight alternative exists, therefore the claim is accepted.

Source excerpt

  • Convention refugee
  • Particular social group
  • State protection
  • Internal flight alternative
  • Credibility
  • Persecution
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Immigration law 2023 RLLR 269

2023 RLLR 269

Court
Royal Canadian Mounted Police Labour Relations

The claimant, a credible lesbian woman, established nexus to the Convention ground of particular social group; objective country evidence and country reports demonstrate a real risk of serious harm to LGBTQ persons in Tanzania and the state is unwilling or unable to protect them, with no viable internal flight alternative, therefore the claimant meets the definition of a Convention refugee under section 96 IRPA.

Source excerpt

  • Convention refugee
  • Particular social group
  • State protection
  • Internal flight alternative
  • Credibility assessment
  • Sogiesc guidelines
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Immigration 2023 RLLR 204

2023 RLLR 204

Court
Royal Canadian Mounted Police Labour Relations

Claimant was found credible and on a balance of probabilities established membership of a particular social group (gay men), demonstrated a serious possibility of persecution throughout Rwanda because state protection is ineffective and no viable internal flight alternative exists; therefore he is a Convention refugee.

Source excerpt

  • Sexual orientation
  • Persecution
  • State protection
  • Internal flight alternative
  • Credibility
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.