2019 RLLR 188

2019 RLLR 188

Claimants were found credible on a balance of probabilities; country evidence (NDP) demonstrates a real risk of persecution for the religious groups and interfaith marriages at issue, state protection in Egypt and Iran is not operational or adequate, and there is no viable internal flight alternative; therefore both meet the definition of Convention refugee and are entitled to protection.

Citation
2019 RLLR 188
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX (a.k.a XXXX XXXX XXXX XXXX)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 November 2019
Procedural Posture
Refugee Protection Claim (convention Refugee) / Determination by Refugee Protection Division
Outcome
Claims accepted; both claimants recognized as Convention refugees
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility Findings, Religion Based Persecution, Interfaith Marriage
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee State Protection Internal Flight Alternative Credibility Findings Religion Based Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX (a.k.a XXXX XXXX XXXX XXXX)

Associate Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee) / Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants face persecution based on religion because of an interfaith marriage
  2. 2 Whether claimants are credible
  3. 3 Whether state protection in Egypt and Iran is available and effective

Ratio Decidendi

Claimants were found credible on a balance of probabilities; country evidence (NDP) demonstrates a real risk of persecution for the religious groups and interfaith marriages at issue, state protection in Egypt and Iran is not operational or adequate, and there is no viable internal flight alternative; therefore both meet the definition of Convention refugee and are entitled to protection.

Court Disposition

Claims accepted; both claimants recognized as Convention refugees

Orders

  • Both claimants are recognized as Convention refugees