2019 RLLR 118

2019 RLLR 118

The claimant was found credible, established membership in a particular social group (minority clan woman), proved a nexus between that membership and a well-founded fear of persecution (forced marriage and gender-based violence), and demonstrated that state protection is unavailable and no viable internal flight alternative exists; therefore she is a Convention refugee.

Citation
2019 RLLR 118
Parties
Claimant: Claimant
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 November 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision
Outcome
Claim accepted; claimant determined to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Forced Marriage, State Protection, Internal Flight Alternative, Credibility, Minority Clan Persecution
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Particular Social Group Forced Marriage State Protection +3 more

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Parties

Claimant

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether there is nexus to a Convention ground (membership in a particular social group as a minority clan woman)
  3. 3 Whether the claimant is credible

Ratio Decidendi

The claimant was found credible, established membership in a particular social group (minority clan woman), proved a nexus between that membership and a well-founded fear of persecution (forced marriage and gender-based violence), and demonstrated that state protection is unavailable and no viable internal flight alternative exists; therefore she is a Convention refugee.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee

Orders

  • Refugee claim accepted by the Refugee Protection Division