2019 RLLR 103

2019 RLLR 103

The claimant is a Convention refugee because his well‑founded fear of persecution arises from his objection to military service (constituting a political opinion) in a context where the Eritrean state can conscript citizens up to age 70 into the People’s Army, state agents would be the persecutors so protection is unavailable, and no viable internal flight alternative exists; therefore removal would expose him to persecution contrary to s.96 IRPA.

Citation
2019 RLLR 103
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 October 2019
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision by Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 IRPA
Legal Topics
Convention Refugee, Well Founded Fear, Conscientious Objection, Military Conscription, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Well Founded Fear Conscientious Objection Military Conscription State Protection +1 more

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Parties

[XXX]

Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant faces persecution for religious belief
  3. 3 Whether claimant faces persecution for objection to military conscription/political opinion

Ratio Decidendi

The claimant is a Convention refugee because his well‑founded fear of persecution arises from his objection to military service (constituting a political opinion) in a context where the Eritrean state can conscript citizens up to age 70 into the People’s Army, state agents would be the persecutors so protection is unavailable, and no viable internal flight alternative exists; therefore removal would expose him to persecution contrary to s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 IRPA

Orders

  • Claim accepted and Refugee Protection Division claim allowed; claimant recognized as a Convention refugee pursuant to s.96 IRPA