MA3-08450

MA3-08450

The claimant’s credible testimony, corroborative family passports and affidavits, together with country documents establishing targeted abuse of Bravanese and vulnerability of unprotected women, establish a well‑founded fear of persecution as a member of a particular social group (young women without male protection) and on grounds of nationality (Bravanese); therefore she meets the s.96 Convention refugee test. The minor’s claim fails because he does not fear persecution and effective protection is available in the United States.

Citation
MA3-08450
Parties
Claimant: Ms. XXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXX; Claimant's Counsel: Me Rachel Benaroch; Designated Representative: XXXXXXXXXXXX; Refugee Protection Officer: Gisela Barraza; Minister's Counsel: Réjean Théberge; Decision Maker: Barbara Berger
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 April 2004
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Disposition on Claim
Outcome
Claimant Ms. XXXXXXXXXXXXXXX accepted as a Convention refugee; minor claimant XXXXXXXXXXX refused.
Legal Topics
Convention Refugee, Particular Social Group, Gender Based Persecution, Nationality/ethnic Minority, Minors
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group Gender Based Persecution Nationality/ethnic Minority Minors

Case Brief

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Parties

Ms. XXXXXXXXXXXXXXX

Claimant

XXXXXXXXXX

Minor Claimant

Me Rachel Benaroch

Claimant's Counsel

XXXXXXXXXXXX

Designated Representative

Gisela Barraza

Refugee Protection Officer

Réjean Théberge

Minister's Counsel

Barbara Berger

Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Disposition on Claim

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution
  2. 2 Whether the claimant qualifies as a Convention refugee on grounds of membership in a particular social group and nationality (Bravanese)
  3. 3 Credibility and identity assessment in absence of contemporaneous Somali identity documents

Ratio Decidendi

The claimant’s credible testimony, corroborative family passports and affidavits, together with country documents establishing targeted abuse of Bravanese and vulnerability of unprotected women, establish a well‑founded fear of persecution as a member of a particular social group (young women without male protection) and on grounds of nationality (Bravanese); therefore she meets the s.96 Convention refugee test. The minor’s claim fails because he does not fear persecution and effective protection is available in the United States.

Court Disposition

Claimant Ms. XXXXXXXXXXXXXXX accepted as a Convention refugee; minor claimant XXXXXXXXXXX refused.

Orders

  • Convention refugee status granted to Ms. XXXXXXXXXXXXXXX pursuant to s.96 of the Immigration and Refugee Protection Act.
  • Claim of minor claimant XXXXXXXXXXX refused; protection not granted to minor by this tribunal.