TB9-09185

TB9-09185

On the record and on a balance of probabilities the RPD erred: the Principal Appellant's sustained employment discrimination related to XXXX amounts to persecution given ineffective state protection and no viable internal flight alternative; the Associate Appellant faces a serious possibility of gender-based persecution with inadequate state protection and no internal flight alternative; accordingly both appellants are Convention refugees and the appeal is allowed.

Citation
TB9-09185
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 September 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Guidelines, Section 97
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Persecution State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether appellants are Convention refugees (well-founded fear of persecution)
  2. 2 Whether discrimination against the Principal Appellant constitutes persecution
  3. 3 Whether the Associate Appellant faces a forward-looking risk of gender-based persecution

Ratio Decidendi

On the record and on a balance of probabilities the RPD erred: the Principal Appellant's sustained employment discrimination related to XXXX amounts to persecution given ineffective state protection and no viable internal flight alternative; the Associate Appellant faces a serious possibility of gender-based persecution with inadequate state protection and no internal flight alternative; accordingly both appellants are Convention refugees and the appeal is allowed.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees.

Orders

  • Appeal allowed and decision substituted: Appellants are Convention refugees.