VB7-04893

VB7-04893

The Principal Claimant was found credible and, on the evidence and country information, established a well-founded fear of persecution in Zimbabwe for political opinion and membership in the MDC with no adequate state protection or internal flight alternative, making her a Convention refugee; the Associated Claimant was found to be a South African permanent resident with rights substantially similar to nationals, able to live safely in South Africa, and therefore excluded under Article 1E (and alternatively not a Convention refugee); the minor claimants failed to rebut the presumption of state protection and their claims were rejected.

Citation
VB7-04893
Parties
Principal Claimant: XXXX XXXX; Associated Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Respondent/minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 December 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Merits Hearing and Decision (rpd Reasons and Determination)
Outcome
Principal Claimant's claim accepted (Convention refugee); Associated Claimant excluded under Article 1E and claim rejected; Minor claimants' claims rejected
Legal Topics
Convention Refugee, Exclusion Article 1 E, State Protection, Well Founded Fear of Persecution, Gender Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Exclusion Article 1 E State Protection Well Founded Fear of Persecution Gender Based Persecution

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associated Claimant

XXXX XXXX XXXX

Minor Claimant

Minister of Public Safety and Emergency Preparedness

Respondent/minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Merits Hearing and Decision (rpd Reasons and Determination)

Legal Issues

  1. 1 Whether the Principal Claimant is a Convention refugee based on political opinion and MDC membership
  2. 2 Whether the Associated Claimant is excluded from refugee protection under Article 1E due to South African permanent resident status
  3. 3 Whether state protection and internal flight alternative exist in Zimbabwe for the Principal Claimant

Ratio Decidendi

The Principal Claimant was found credible and, on the evidence and country information, established a well-founded fear of persecution in Zimbabwe for political opinion and membership in the MDC with no adequate state protection or internal flight alternative, making her a Convention refugee; the Associated Claimant was found to be a South African permanent resident with rights substantially similar to nationals, able to live safely in South Africa, and therefore excluded under Article 1E (and alternatively not a Convention refugee); the minor claimants failed to rebut the presumption of state protection and their claims were rejected.

Court Disposition

Principal Claimant's claim accepted (Convention refugee); Associated Claimant excluded under Article 1E and claim rejected; Minor claimants' claims rejected

Orders

  • Principal Claimant's refugee claim accepted as a Convention refugee
  • Associated Claimant excluded pursuant to Article 1E of the 1951 Convention and his refugee claim rejected