2019 RLLR 190

2019 RLLR 190

The Tribunal accepted the claimant's credible testimony and supporting documentary evidence of conversion; objective country evidence demonstrates that converts face harassment, abuse and lack of effective state protection in Egypt and no viable internal flight alternative exists; the minors would be persecuted or disadvantaged by loss of citizenship options, therefore the claimants meet the definition of Convention refugees based on religion.

Citation
2019 RLLR 190
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
22 October 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (determination)
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Conversion (religion), State Protection, Internal Flight Alternative, Credibility Assessment, Protection of Minors, Nationality Laws
Source Language
English
Immigration and Refugee Law Human Rights Religious Freedom Convention Refugee Conversion (religion) State Protection Internal Flight Alternative Credibility Assessment +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee under ss.96-97 of the IRPA
  2. 2 Credibility of the principal claimant and supporting documentation
  3. 3 Risk to minors arising from principal claimant's conversion

Ratio Decidendi

The Tribunal accepted the claimant's credible testimony and supporting documentary evidence of conversion; objective country evidence demonstrates that converts face harassment, abuse and lack of effective state protection in Egypt and no viable internal flight alternative exists; the minors would be persecuted or disadvantaged by loss of citizenship options, therefore the claimants meet the definition of Convention refugees based on religion.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Refugee protection granted to the principal claimant and the minors (claim accepted by the Refugee Protection Division)