2019 RLLR 112

2019 RLLR 112

The claimant established identity, nexus to section 96 through membership in a particular social group (women), credibility, objective risk of persecution supported by country evidence, lack of effective state protection, and no viable internal flight alternative; therefore she is a Convention refugee.

Citation
2019 RLLR 112
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 November 2019
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (irpa) / Hearing and Oral Decision Rendered; Written Reasons Issued
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Violence Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (irpa) / Hearing and Oral Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether membership in a particular social group (women) establishes nexus to persecution
  3. 3 Whether state protection is available or the presumption of protection is rebutted

Ratio Decidendi

The claimant established identity, nexus to section 96 through membership in a particular social group (women), credibility, objective risk of persecution supported by country evidence, lack of effective state protection, and no viable internal flight alternative; therefore she is a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claim accepted
  • Convention refugee status granted