MB6-00115

MB6-00115

The panel found that on the balance of probabilities the claimant established his Bangladeshi identity by documentary evidence (Bangladeshi passport, birth registration matches, parental ID), corroborating witness testimony and accent/region details; the claimant's testimony was credible and consistent with country evidence of targeted attacks on Buddhists, state protection was shown to be unavailable, internal relocation was not reasonable, and therefore the claimant meets the definition of a Convention refugee under section 96 IRPA.

Citation
MB6-00115
Parties
Claimant: XXXX XXXX; Intervenor/respondent: Minister of Public Safety (CBSA)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Written Reasons/decision
Outcome
Claim allowed; claimant determined to be a Convention refugee
Legal Topics
Convention Refugee, Identity, Credibility, State Protection, Internal Flight Alternative, Religion/persecution
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Identity Credibility State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister of Public Safety (CBSA)

Intervenor/respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Written Reasons/decision

Legal Issues

  1. 1 Whether the claimant's identity was established on a balance of probabilities
  2. 2 Whether the claimant was credible about past and feared persecution by reason of religion
  3. 3 Whether state protection in Bangladesh was available

Ratio Decidendi

The panel found that on the balance of probabilities the claimant established his Bangladeshi identity by documentary evidence (Bangladeshi passport, birth registration matches, parental ID), corroborating witness testimony and accent/region details; the claimant's testimony was credible and consistent with country evidence of targeted attacks on Buddhists, state protection was shown to be unavailable, internal relocation was not reasonable, and therefore the claimant meets the definition of a Convention refugee under section 96 IRPA.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee

Orders

  • Claim allowed; claimant determined to be a Convention refugee and granted refugee protection