2020 RLLR 83

2020 RLLR 83

The adult claimants are Convention refugees because they have a well‑founded fear of persecution in Nicaragua on account of political opinion and are not excluded under Article 1E since their Panamanian permanent resident status did not confer rights substantially similar to nationals (notably unrestricted work rights); the minor claimant's claim is denied because there is insufficient evidence that she faces a serious possibility of persecution or a s.97 risk in Panama.

Citation
2020 RLLR 83
Parties
Principal Claimant: [XXX]; Associate Claimant (spouse): [XXX]; Minor Claimant (daughter): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 January 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Final Decision (reasons for Decision)
Outcome
Principal and associate claimants accepted as Convention refugees; minor claimant's claim denied.
Legal Topics
Article 1 E Exclusion, Convention Refugee Determination, Political Opinion Nexus, Credibility Assessment, State Protection, Internal Flight Alternative, Section 97 Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Article 1 E Exclusion Convention Refugee Determination Political Opinion Nexus Credibility Assessment +3 more

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Parties

[XXX]

Principal Claimant

[XXX]

Associate Claimant (spouse)

[XXX]

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants are excluded under Article 1E by virtue of Panamanian permanent resident status
  2. 2 Whether claimants have nexus to the Convention ground of political opinion
  3. 3 Credibility of the principal claimant and corroborative evidence

Ratio Decidendi

The adult claimants are Convention refugees because they have a well‑founded fear of persecution in Nicaragua on account of political opinion and are not excluded under Article 1E since their Panamanian permanent resident status did not confer rights substantially similar to nationals (notably unrestricted work rights); the minor claimant's claim is denied because there is insufficient evidence that she faces a serious possibility of persecution or a s.97 risk in Panama.

Court Disposition

Principal and associate claimants accepted as Convention refugees; minor claimant's claim denied.

Orders

  • Accept refugee protection claims of principal claimant [XXX] and associate claimant [XXX]; grant Convention refugee status.
  • Deny refugee protection claim of minor claimant [XXX]; claim dismissed for Panama‑based risk under ss.96 and 97.