MA5-03423

MA5-03423

The daughter (XXXXX XXXXX) is a Convention refugee because she has a well-founded fear of persecution in Russia and cannot reasonably regain Armenian citizenship or avail herself of Armenian protection; the mother (XXXXX XXXXX) is not a Convention refugee because she retains Armenian citizenship and passport and could return to Armenia or otherwise avail herself of state protection, so the refugee standard is not met.

Citation
MA5-03423
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 May 2007
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Decision
Outcome
Allow claim of XXXXX XXXXX (daughter) as Convention refugee; reject claim of XXXXX XXXXX (mother) as not a Convention refugee and not a person in need of protection under IRPA s.97.
Legal Topics
Convention Refugee, Particular Social Group, Citizenship, Internal Flight Alternative, State Protection, Persecution, Risk to Life, Convention Against Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Particular Social Group Citizenship Internal Flight Alternative +4 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Decision

Legal Issues

  1. 1 Whether each claimant is a Convention refugee under IRPA s.96
  2. 2 Whether claimants can avail themselves of protection of their country of nationality or return to country of former habitual residence (internal flight alternative)
  3. 3 Whether lack of state protection exists

Ratio Decidendi

The daughter (XXXXX XXXXX) is a Convention refugee because she has a well-founded fear of persecution in Russia and cannot reasonably regain Armenian citizenship or avail herself of Armenian protection; the mother (XXXXX XXXXX) is not a Convention refugee because she retains Armenian citizenship and passport and could return to Armenia or otherwise avail herself of state protection, so the refugee standard is not met.

Court Disposition

Allow claim of XXXXX XXXXX (daughter) as Convention refugee; reject claim of XXXXX XXXXX (mother) as not a Convention refugee and not a person in need of protection under IRPA s.97.

Orders

  • Allow refugee protection claim MA5-03431: declare XXXXX XXXXX a Convention refugee pursuant to IRPA s.96.
  • Reject refugee protection claim MA5-03423: negative determination; claimant not a person in need of protection pursuant to IRPA s.97(1)(a) and (b).