2019 RLLR 65

2019 RLLR 65

The panel accepted the claimant's credible testimony and corroborating documents, found an objective basis in country conditions for persecution by Awami League actors, concluded the nexus to perceived political opinion was established, found state protection unavailable and no viable internal flight alternative, and therefore determined the claimant is a Convention refugee under s.96 IRPA.

Citation
2019 RLLR 65
Parties
Claimant: Mr. [XXX]; State: Government of Bangladesh
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 April 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division (oral Reasons Rendered)
Outcome
Claim accepted; claimant found to be a Convention refugee and granted refugee protection in Canada
Legal Topics
Convention Refugee, Perceived Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Perceived Political Opinion State Protection Internal Flight Alternative Credibility Assessment

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Parties

Mr. [XXX]

Claimant

Government of Bangladesh

State

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division (oral Reasons Rendered)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant's testimony and documentary evidence are credible and corroborated
  3. 3 Whether there is a causal nexus between the harm feared and a Convention ground (perceived political opinion)

Ratio Decidendi

The panel accepted the claimant's credible testimony and corroborating documents, found an objective basis in country conditions for persecution by Awami League actors, concluded the nexus to perceived political opinion was established, found state protection unavailable and no viable internal flight alternative, and therefore determined the claimant is a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee and granted refugee protection in Canada

Orders

  • Claim accepted; claimant declared a Convention refugee under section 96 of the Immigration and Refugee Protection Act