TB3-09260

TB3-09260

The claimants were found credible and established membership and practice of the Ahmadi faith; country documentation (including UNHCR May 2012) demonstrates widespread violence, discriminatory laws and lack of effective state protection against anti‑Ahmadi persecution across Pakistan, and no viable internal flight alternative exists; therefore there is a serious possibility of persecution and the claimants are Convention refugees under s.96.

Citation
TB3-09260
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 July 2014
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Hearing Decision (reasons Delivered)
Outcome
Claims allowed; claimants determined to be Convention refugees under section 96 (religion) of the IRPA
Legal Topics
Convention Refugee, Persecution, Religion (ahmadi), Internal Flight Alternative, State Protection, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Persecution Religion (ahmadi) Internal Flight Alternative State Protection +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Hearing Decision (reasons Delivered)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 for religion (Ahmadi)
  2. 2 Whether claimants are credible
  3. 3 Whether state protection is available in Pakistan

Ratio Decidendi

The claimants were found credible and established membership and practice of the Ahmadi faith; country documentation (including UNHCR May 2012) demonstrates widespread violence, discriminatory laws and lack of effective state protection against anti‑Ahmadi persecution across Pakistan, and no viable internal flight alternative exists; therefore there is a serious possibility of persecution and the claimants are Convention refugees under s.96.

Court Disposition

Claims allowed; claimants determined to be Convention refugees under section 96 (religion) of the IRPA

Orders

  • All claims accepted and claimants recognized as Convention refugees under section 96