2019 RLLR 194

2019 RLLR 194

The principal claimant was accepted as a Convention refugee because she established a serious possibility of persecution in Egypt on grounds of religion and membership of a particular social group (a woman victim of conjugal/family violence) given her non-practicing Muslim status, marriages to Christian men and a child born outside marriage, combined with ineffective state protection and no viable internal flight alternative; the US associate child claimants were rejected because they failed to establish a serious possibility of persecution or a balance of probabilities risk to life or risk of cruel and unusual treatment/torture on return to the United States.

Citation
2019 RLLR 194
Parties
Principal Claimant: Ms. XXXX XXXX XXXX XXXX; Associate Minor Claimant (daughter): XXXX XXXX XXXX; Associate Minor Claimant (son): XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 August 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division (merits Determination)
Outcome
Principal claimant accepted as a Convention refugee; associate US child claimants rejected
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Religion, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Membership of a Particular Social Group Religion State Protection +2 more

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 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ms. XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Minor Claimant (daughter)

XXXX XXXX XXXX

Associate Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division (merits Determination)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee for persecution based on religion and membership of a particular social group (woman victim of conjugal or family violence)
  2. 2 Whether associate US child claimants face a serious possibility of persecution or risk to life/cruel and unusual treatment/torture on return to the US
  3. 3 Whether state protection in Egypt is available and effective for the principal claimant

Ratio Decidendi

The principal claimant was accepted as a Convention refugee because she established a serious possibility of persecution in Egypt on grounds of religion and membership of a particular social group (a woman victim of conjugal/family violence) given her non-practicing Muslim status, marriages to Christian men and a child born outside marriage, combined with ineffective state protection and no viable internal flight alternative; the US associate child claimants were rejected because they failed to establish a serious possibility of persecution or a balance of probabilities risk to life or risk of cruel and unusual treatment/torture on return to the United States.

Court Disposition

Principal claimant accepted as a Convention refugee; associate US child claimants rejected

Orders

  • Accept claim of principal claimant as a Convention refugee under section 96 of IRPA
  • Reject claims of associate US child claimants under sections 96 and 97(1) of IRPA