TB3-07054

TB3-07054

On the evidence the panel concluded that Eritrean authorities treat returned asylum seekers as traitors and subject them to arrest, detention and torture; because the claimant's presence in Canada and refugee claim would likely be discoverable on return, he would face a real risk of persecution for perceived political opinion and no state protection or internal flight alternative existed, therefore he is a Convention refugee.

Citation
TB3-07054
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 December 2013
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division (final)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Persecution, Political Opinion, Returned Asylum Seekers, State Protection, Internal Flight Alternative, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Persecution Political Opinion Returned Asylum Seekers State Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division (final)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant faces persecution on account of political opinion
  3. 3 Whether being a returned asylum seeker exposes the claimant to a serious risk of persecution

Ratio Decidendi

On the evidence the panel concluded that Eritrean authorities treat returned asylum seekers as traitors and subject them to arrest, detention and torture; because the claimant's presence in Canada and refugee claim would likely be discoverable on return, he would face a real risk of persecution for perceived political opinion and no state protection or internal flight alternative existed, therefore he is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant recognized as a Convention refugee by the Refugee Protection Division.