TA4-12364

TA4-12364

The panel accepted the claimants' credible, corroborated evidence of membership in the XXXXX and Jeberti ethnicity, found a real risk of persecution including forced conscription and sexual abuse of returnee children, concluded state protection and an internal flight alternative were unavailable, and therefore held the claimants met the Refugee Convention standard and were not excluded.

Citation
TA4-12364
Parties
Principal Claimant (male): XXXXX XXXXX XXXXX; Spouse and Co Claimant (female): XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX; Refugee Protection Officer: Peter Stolworthy; Designated Representative for Minors: XXXXX XXXXX XXXXX; Minister's Counsel: Sharon Thomas
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 March 2006
Procedural Posture
Convention Refugee Claim / Refugee Protection Division / Hearing Concluded; Oral Decision Rendered 10 March 2006; Written Reasons Dated 17 May 2006
Outcome
Claimants found to be Convention refugees; positive decision granted
Legal Topics
Convention Refugee, Persecution, Political Opinion, Ethnic Persecution (jeberti), Forced Conscription, Particular Social Group, Credibility Assessment, Internal Flight Alternative, Exclusion
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Persecution Political Opinion Ethnic Persecution (jeberti) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Principal Claimant (male)

XXXXX XXXXX XXXXX

Spouse and Co Claimant (female)

XXXXX XXXXX XXXXX

Minor Claimant (daughter)

XXXXX XXXXX XXXXX

Minor Claimant (son)

Peter Stolworthy

Refugee Protection Officer

XXXXX XXXXX XXXXX

Designated Representative for Minors

Sharon Thomas

Minister's Counsel

Procedural Posture

Convention Refugee Claim / Refugee Protection Division / Hearing Concluded; Oral Decision Rendered 10 March 2006; Written Reasons Dated 17 May 2006

Legal Issues

  1. 1 Whether the claimants are Convention refugees due to persecution for political opinion
  2. 2 Whether claimants face persecution on account of Jeberti ethnicity
  3. 3 Whether minor children face a real risk of forced conscription and related persecution

Ratio Decidendi

The panel accepted the claimants' credible, corroborated evidence of membership in the XXXXX and Jeberti ethnicity, found a real risk of persecution including forced conscription and sexual abuse of returnee children, concluded state protection and an internal flight alternative were unavailable, and therefore held the claimants met the Refugee Convention standard and were not excluded.

Court Disposition

Claimants found to be Convention refugees; positive decision granted

Orders

  • Oral positive decision rendered 10 March 2006; written reasons issued 17 May 2006
  • Claimants recognized as Convention refugees on grounds of political opinion, membership in a particular social group (family unit), ethnicity (Jeberti) and risk of forced conscription