2019 RLLR 67

2019 RLLR 67

Tribunal accepted the claimants' credible, consistent testimony and corroborating documents, found an objective risk supported by country conditions, concluded the nexus to an imputed political opinion from the principal claimant's volunteer activities, determined state protection was inadequate and that no viable internal flight alternative existed, and therefore the claimants meet the definition of Convention refugees.

Citation
2019 RLLR 67
Parties
Principal Claimant: [XXX]; Spouse: [XXX]; Dependents Daughters: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 October 2019
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision Positive Determination
Outcome
Claims accepted; positive determination that the claimants are Convention refugees
Legal Topics
Convention Refugee, Political Opinion (imputed), State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Refugee Law International Human Rights Convention Refugee Political Opinion (imputed) State Protection Internal Flight Alternative Credibility

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Spouse

[XXX]

Dependents Daughters

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision Positive Determination

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimant's testimony is credible
  3. 3 Whether there is a nexus between persecution and a Convention ground (imputed political opinion)

Ratio Decidendi

Tribunal accepted the claimants' credible, consistent testimony and corroborating documents, found an objective risk supported by country conditions, concluded the nexus to an imputed political opinion from the principal claimant's volunteer activities, determined state protection was inadequate and that no viable internal flight alternative existed, and therefore the claimants meet the definition of Convention refugees.

Court Disposition

Claims accepted; positive determination that the claimants are Convention refugees

Orders

  • Refugee claims allowed; claimants declared Convention refugees