2019 RLLR 174

2019 RLLR 174

The panel accepted that the principal claimant, the adult female claimant and the two minor male claimants have a well-founded fear of persecution in Egypt for anti-government political opinion or as family members of targeted individuals; state protection is not available and no internal flight alternative exists, therefore they are Convention refugees under s.96 IRPA. The minor female claimant, a United States national, had no claim advanced against the United States, and the panel found on the balance of probabilities that removal to the United States would not expose her personally to death, torture or cruel and unusual treatment or FGM risk sufficient to meet s.96 or s.97(1) IRPA;...

Citation
2019 RLLR 174
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Adult Female Claimant: XXXX XXXX XXXX XXXX; Elder Minor Male Claimant: XXXX XXXX XXXX XXXX; Younger Minor Male Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Female Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 July 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision / Reasons for Decision by Refugee Protection Division
Outcome
Claims of the principal claimant, the adult female claimant and the two minor male claimants accepted as Convention refugees; claim of the minor female claimant dismissed
Legal Topics
Convention Refugee, Person in Need of Protection, Female Genital Mutilation, Political Opinion, Particular Social Group, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Persecution Convention Refugee Person in Need of Protection Female Genital Mutilation Political Opinion +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Adult Female Claimant

XXXX XXXX XXXX XXXX

Elder Minor Male Claimant

XXXX XXXX XXXX XXXX XXXX

Younger Minor Male Claimant

XXXX XXXX XXXX

Minor Female Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision / Reasons for Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant and family members are Convention refugees under section 96 IRPA
  2. 2 Whether the minor female claimant faces a risk of FGM or other persecution in the United States of America such that she is a Convention refugee or person in need of protection under section 96 or 97(1) IRPA
  3. 3 Whether state protection in Egypt is available and whether an internal flight alternative exists

Ratio Decidendi

The panel accepted that the principal claimant, the adult female claimant and the two minor male claimants have a well-founded fear of persecution in Egypt for anti-government political opinion or as family members of targeted individuals; state protection is not available and no internal flight alternative exists, therefore they are Convention refugees under s.96 IRPA. The minor female claimant, a United States national, had no claim advanced against the United States, and the panel found on the balance of probabilities that removal to the United States would not expose her personally to death, torture or cruel and unusual treatment or FGM risk sufficient to meet s.96 or s.97(1) IRPA;...

Court Disposition

Claims of the principal claimant, the adult female claimant and the two minor male claimants accepted as Convention refugees; claim of the minor female claimant dismissed

Orders

  • Principal claimant accepted as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
  • Adult female claimant accepted as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act