MB0-03479

MB0-03479

The panel found on the balance of probabilities that the daughter, as a person with an intellectual disability, was credibly subjected to cumulative acts amounting to persecution and that state protection in Algeria is illusory for persons with disabilities; therefore she is a Convention refugee. The mother, as the primary supporter who would be persecuted if she sought to protect her daughter, also faces a reasonable possibility of persecution and is a Convention refugee. The father lacks a personal fear of persecution and his claim is rejected.

Citation
MB0-03479
Parties
Claimant (daughter): XXXX XXXX; Claimant (father): XXXX XXXX; Claimant (mother): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 September 2012
Procedural Posture
Refugee Protection / Decision Following Merits Hearing
Outcome
Claims of the daughter (XXXX XXXX) and the mother (XXXX XXXX) allowed — determined to be Convention refugees; claim of the father (XXXX XXXX) rejected — not a Convention refugee or person in need of protection.
Legal Topics
Convention Refugee, Particular Social Group, Persecution, State Protection, Disability
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group Persecution State Protection Disability

Case Brief

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Parties

XXXX XXXX

Claimant (daughter)

XXXX XXXX

Claimant (father)

XXXX XXXX

Claimant (mother)

Procedural Posture

Refugee Protection / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether the daughter is a Convention refugee as a person with a disability
  2. 2 Whether the mother faces persecution as a family member protecting a disabled child
  3. 3 Whether the father faces a well-founded fear of persecution

Ratio Decidendi

The panel found on the balance of probabilities that the daughter, as a person with an intellectual disability, was credibly subjected to cumulative acts amounting to persecution and that state protection in Algeria is illusory for persons with disabilities; therefore she is a Convention refugee. The mother, as the primary supporter who would be persecuted if she sought to protect her daughter, also faces a reasonable possibility of persecution and is a Convention refugee. The father lacks a personal fear of persecution and his claim is rejected.

Court Disposition

Claims of the daughter (XXXX XXXX) and the mother (XXXX XXXX) allowed — determined to be Convention refugees; claim of the father (XXXX XXXX) rejected — not a Convention refugee or person in need of protection.

Orders

  • The refugee protection claim of XXXX XXXX (daughter) is allowed; she is determined to be a Convention refugee.
  • The refugee protection claim of XXXX XXXX (mother) is allowed; she is determined to be a Convention refugee.