TB4-02336

TB4-02336

Claimants established on the balance of probabilities that they are Ahmadis and have a well-founded fear of persecution based on religion; state protection in Pakistan is unavailable or ineffective and there is no viable internal alternative, therefore they qualify as Convention refugees.

Citation
TB4-02336
Parties
Claimant: XXXX XXXX; Member: R.K. Seyan; Interpreter: S. Sheikh
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 May 2014
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Hearing Decision
Outcome
Claim allowed; claimant and her two youngest children found to be Convention refugees.
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility, Religious Minority Ahmadiyya, Anti Ahmadi Legislation
Source Language
English
Immigration Law Refugee Law Human Rights Religious Freedom Convention Refugee Well Founded Fear of Persecution State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX

Claimant

R.K. Seyan

Member

S. Sheikh

Interpreter

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Hearing Decision

Legal Issues

  1. 1 Whether the claimants are members of a persecuted religious group (Ahmadis)
  2. 2 Whether the claimants have a well-founded fear of persecution on the ground of religion
  3. 3 Whether state protection in Pakistan is available and effective

Ratio Decidendi

Claimants established on the balance of probabilities that they are Ahmadis and have a well-founded fear of persecution based on religion; state protection in Pakistan is unavailable or ineffective and there is no viable internal alternative, therefore they qualify as Convention refugees.

Court Disposition

Claim allowed; claimant and her two youngest children found to be Convention refugees.

Orders

  • Claim allowed; Convention refugee status granted to the claimant and her two youngest children.