2019 RLLR 42

2019 RLLR 42

The panel accepted the claimants' credible testimony and corroborating documents, found a nexus between the persecution and membership of a particular social group (Bihari and family/gender-related targeting), determined that state protection was unavailable and that no viable internal flight alternative existed; therefore the claimants meet the definition of Convention refugees and their claims were accepted.

Citation
2019 RLLR 42
Parties
Claimant: XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 April 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (determination)
Outcome
Claimants found to be Convention refugees; claims accepted.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Nexus to Convention
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (determination)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under sections 96 and 97(1) of the IRPA
  2. 2 Whether persecution is linked to membership in a particular social group (Bihari) and related family/gender status
  3. 3 Whether effective state protection is available in Bangladesh

Ratio Decidendi

The panel accepted the claimants' credible testimony and corroborating documents, found a nexus between the persecution and membership of a particular social group (Bihari and family/gender-related targeting), determined that state protection was unavailable and that no viable internal flight alternative existed; therefore the claimants meet the definition of Convention refugees and their claims were accepted.

Court Disposition

Claimants found to be Convention refugees; claims accepted.

Orders

  • Claimants accepted as Convention refugees; claims accepted.