2019 RLLR 106

2019 RLLR 106

The claimant established on the balance of probabilities a serious possibility of persecution for his political opinion: his credible oral testimony and reliable corroborative evidence outweighed the probative value of certain non‑genuine police documents; objective country evidence shows state actors perpetrate or tolerate persecution and state protection and an internal flight alternative are unavailable, therefore the claimant is a Convention refugee.

Citation
2019 RLLR 106
Parties
Claimant: [XXX]; Tribunal: Refugee Protection Division, Immigration and Refugee Board of Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 October 2019
Procedural Posture
Refugee Protection Claim Convention Refugee Determination / Decision Refugee Protection Division
Outcome
Claim accepted; claimant determined to be a Convention refugee.
Legal Topics
Convention Refugee, Political Opinion Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Document Authenticity
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Political Opinion Persecution State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Claimant

Refugee Protection Division, Immigration and Refugee Board of Canada

Tribunal

Procedural Posture

Refugee Protection Claim Convention Refugee Determination / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee based on political opinion
  2. 2 Credibility of the claimant's oral testimony versus authenticity of police documents
  3. 3 Whether state protection is available

Ratio Decidendi

The claimant established on the balance of probabilities a serious possibility of persecution for his political opinion: his credible oral testimony and reliable corroborative evidence outweighed the probative value of certain non‑genuine police documents; objective country evidence shows state actors perpetrate or tolerate persecution and state protection and an internal flight alternative are unavailable, therefore the claimant is a Convention refugee.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee.

Orders

  • Claim accepted and claimant recognized as a Convention refugee.