2019 RLLR 211

2019 RLLR 211

The panel accepted the claimants as Convention refugees because they credibly established Nubian ethnicity and political activism, provided corroborating country evidence of systemic repression and arrests in Egypt, demonstrated that state protection is unavailable, and showed that no viable internal flight alternative exists; consequently the adult claims succeed while the U.S.-born minors' claims fail for lack of evidence of risk in the U.S.

Citation
2019 RLLR 211
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 April 2019
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (merits)
Outcome
Principal and associate claimants accepted as Convention refugees; minor claimants' claims rejected
Legal Topics
Convention Refugee, Credibility Assessment, State Protection, Internal Flight Alternative, Political Opinion, Ethnic Discrimination (nubian), Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Convention Refugee Credibility Assessment State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (merits)

Legal Issues

  1. 1 Whether the adult claimants qualify as Convention refugees within s.96 IRPA
  2. 2 Credibility of the claimants' account and documentary evidence
  3. 3 Availability of state protection in Egypt

Ratio Decidendi

The panel accepted the claimants as Convention refugees because they credibly established Nubian ethnicity and political activism, provided corroborating country evidence of systemic repression and arrests in Egypt, demonstrated that state protection is unavailable, and showed that no viable internal flight alternative exists; consequently the adult claims succeed while the U.S.-born minors' claims fail for lack of evidence of risk in the U.S.

Court Disposition

Principal and associate claimants accepted as Convention refugees; minor claimants' claims rejected

Orders

  • Principal and associate claimants' refugee claims are accepted pursuant to section 96 of IRPA
  • Minor claimants' refugee claims are rejected for failure to establish risk of persecution or risk to life under sections 96 or 97(1) of IRPA