TB8-10474

TB8-10474

The claimant was found credible and, on balance of probabilities, established a real risk of persecution for reasons of religion as a Coptic Christian; state protection in Egypt is not reasonably available in her circumstances and no viable internal flight alternative exists; therefore she is a Convention refugee and the claim is accepted without a hearing.

Citation
TB8-10474
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for Claimant: Hart A. Kaminker; Designated Representative: XXXX XXXX; Decision Maker: S. Bardai
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 April 2019
Procedural Posture
Refugee Claim Before the Refugee Protection Division / Decision Accepting Claim Without a Hearing (file Review)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Well Founded Fear of Persecution State Protection Internal Flight Alternative Credibility Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

Hart A. Kaminker

Counsel for Claimant

XXXX XXXX

Designated Representative

S. Bardai

Decision Maker

Procedural Posture

Refugee Claim Before the Refugee Protection Division / Decision Accepting Claim Without a Hearing (file Review)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under the 1951 Convention grounds
  2. 2 Whether the claimant's evidence is credible
  3. 3 Whether state protection is reasonably available

Ratio Decidendi

The claimant was found credible and, on balance of probabilities, established a real risk of persecution for reasons of religion as a Coptic Christian; state protection in Egypt is not reasonably available in her circumstances and no viable internal flight alternative exists; therefore she is a Convention refugee and the claim is accepted without a hearing.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claim accepted without a hearing
  • Claimant declared a Convention refugee