MA1-01064

MA1-01064

Because the panel accepted the claimant's credible testimony, found the harms suffered were persecution linked to Convention grounds, and concluded effective state protection was not available, the claimants qualify as Convention refugees under s.96 IRPA.

Citation
MA1-01064
Parties
Claimant: XXXXXXXXX; Claimant: XXXX; Claimant: XXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 November 2002
Procedural Posture
Refugee Protection / Hearing and Decision by Refugee Protection Division
Outcome
Claim allowed; claimants determined to be Convention refugees
Legal Topics
Convention Refugee, Persecution, Nationality, Religion, Political Opinion, Membership in a Particular Social Group, Credibility Assessment, Risk of Torture
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Persecution Nationality Religion Political Opinion +3 more

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Parties

XXXXXXXXX

Claimant

XXXX

Claimant

XXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants have a well-founded fear of persecution
  2. 2 Whether the claimant's testimony is credible and corroborated
  3. 3 Whether the alleged harm is linked to Convention grounds (nationality, religion, political opinion)

Ratio Decidendi

Because the panel accepted the claimant's credible testimony, found the harms suffered were persecution linked to Convention grounds, and concluded effective state protection was not available, the claimants qualify as Convention refugees under s.96 IRPA.

Court Disposition

Claim allowed; claimants determined to be Convention refugees

Orders

  • Declare the claimants Convention refugees under s.96 of the Immigration and Refugee Protection Act