TB6-01669

TB6-01669

The Principal Claimant established a well‑founded fear of persecution on grounds of political opinion supported by objective evidence of repeated assaults, threats and one detention; the Associate Claimants failed to establish a nexus to a Convention ground or objective evidence of being targeted, and the possibility of incidental harm while accompanying the Principal is insufficient to meet the threshold for persecution or the standard for a person in need of protection.

Citation
TB6-01669
Parties
Principal Claimant: XXXX XXXX; Associate Claimant (husband): XXXX XXXX; Associate Claimant (adult Daughter): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 February 2017
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision Following Hearing (reasons and Decision Issued)
Outcome
Principal Claimant accepted as a Convention refugee; Associate Claimants rejected (not Convention refugees nor persons in need of protection).
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Well‑founded Fear, Credibility Assessment, Derivative Risk to Family Members
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Political Opinion Well‑founded Fear Credibility Assessment +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant (husband)

XXXX XXXX

Associate Claimant (adult Daughter)

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision Following Hearing (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the Principal Claimant is a Convention refugee based on political opinion
  2. 2 Whether the Associate Claimants are Convention refugees or persons in need of protection by virtue of association
  3. 3 Credibility and identity of the claimants

Ratio Decidendi

The Principal Claimant established a well‑founded fear of persecution on grounds of political opinion supported by objective evidence of repeated assaults, threats and one detention; the Associate Claimants failed to establish a nexus to a Convention ground or objective evidence of being targeted, and the possibility of incidental harm while accompanying the Principal is insufficient to meet the threshold for persecution or the standard for a person in need of protection.

Court Disposition

Principal Claimant accepted as a Convention refugee; Associate Claimants rejected (not Convention refugees nor persons in need of protection).

Orders

  • Accept claim of XXXX XXXX as a Convention refugee.
  • Reject claim of XXXX XXXX — not a Convention refugee or a person in need of protection.