2019 RLLR 62

2019 RLLR 62

The principal claimant was found credible and established nexus as a woman fearing gender-related persecution; documentary and country evidence established an objective basis and showed the Colombian state was unable or unwilling to provide adequate protection; no reasonable internal flight alternative existed; therefore, on a balance of probabilities the principal claimant and her children meet the definition of Convention refugee under s.96 IRPA.

Citation
2019 RLLR 62
Parties
Principal Claimant: [XXX]; Minor Claimant (daughter): [XXX]; Minor Claimant (son): [XXX]; Alleged Perpetrator / Ex Partner: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 October 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits by Refugee Protection Division (determination)
Outcome
Principal claimant and both minor claimants accepted as Convention refugees under s.96 IRPA
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Domestic Violence, Spousal Rape
Source Language
English
Immigration Law Refugee Law Gender Based Violence Criminal/organized Crime Nexus Convention Refugee Particular Social Group State Protection Internal Flight Alternative +3 more

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Parties

[XXX]

Principal Claimant

[XXX]

Minor Claimant (daughter)

[XXX]

Minor Claimant (son)

[XXX]

Alleged Perpetrator / Ex Partner

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits by Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether the claimants meet the definition of Convention refugee under s.96 IRPA
  2. 2 Whether the principal claimant has nexus to a Convention ground (particular social group: women fearing gender-related persecution)
  3. 3 Whether the minor claimants have nexus as family members

Ratio Decidendi

The principal claimant was found credible and established nexus as a woman fearing gender-related persecution; documentary and country evidence established an objective basis and showed the Colombian state was unable or unwilling to provide adequate protection; no reasonable internal flight alternative existed; therefore, on a balance of probabilities the principal claimant and her children meet the definition of Convention refugee under s.96 IRPA.

Court Disposition

Principal claimant and both minor claimants accepted as Convention refugees under s.96 IRPA

Orders

  • Claims accepted; claimants found to be Convention refugees pursuant to s.96 IRPA