2019 RLLR 105

2019 RLLR 105

The panel found the principal claimant credible and established that she was persecuted by the NISS for her anti‑government political opinion, corroborated by country documentation showing NISS impunity; adequate state protection and an internal flight alternative were not available in Sudan, so the principal claimant is a Convention refugee and her eldest daughter derives risk as a family member; the youngest daughter, a US citizen, did not establish a serious possibility of persecution or need of protection on return to the United States and her claim was rejected.

Citation
2019 RLLR 105
Parties
Principal Claimant: [XXX]; Dependent Claimant (eldest Daughter): [XXX]; Minor Claimant (youngest Daughter): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 April 2019
Procedural Posture
Refugee Protection (convention Refugee Claim Under IRPA Section 96) / Determination/decision at Refugee Protection Division
Outcome
Claim accepted for the principal claimant and her eldest daughter as Convention refugees; claim rejected for the youngest daughter who failed to establish serious possibility of persecution or need of protection on return to the United States.
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Derivative Risk/family Member as Particular Social Group, Credibility and Identity Findings, Female Genital Mutilation (allegation Noted)
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion State Protection Internal Flight Alternative Derivative Risk/family Member as Particular Social Group +2 more

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Dependent Claimant (eldest Daughter)

[XXX]

Minor Claimant (youngest Daughter)

Procedural Posture

Refugee Protection (convention Refugee Claim Under IRPA Section 96) / Determination/decision at Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee based on political opinion
  2. 2 Whether the principal claimant's eldest daughter has a derivative risk of persecution
  3. 3 Whether the principal claimant's youngest daughter faces a serious possibility of persecution or is a person in need of protection on return to the United States

Ratio Decidendi

The panel found the principal claimant credible and established that she was persecuted by the NISS for her anti‑government political opinion, corroborated by country documentation showing NISS impunity; adequate state protection and an internal flight alternative were not available in Sudan, so the principal claimant is a Convention refugee and her eldest daughter derives risk as a family member; the youngest daughter, a US citizen, did not establish a serious possibility of persecution or need of protection on return to the United States and her claim was rejected.

Court Disposition

Claim accepted for the principal claimant and her eldest daughter as Convention refugees; claim rejected for the youngest daughter who failed to establish serious possibility of persecution or need of protection on return to the United States.

Orders

  • The principal claimant, [XXX], and her eldest daughter, [XXX], are found to be Convention refugees pursuant to section 96 of the IRPA and their claims are accepted.
  • The minor claimant, [XXX], is found not to be a Convention refugee under section 96 and not a person in need of protection under section 97(1) of the IRPA; her claim is rejected.