2019 RLLR 217

2019 RLLR 217

The principal claimant was found to hold an oppositional political opinion and, given objective country conditions showing repression of protesters, lack of effective state protection and no viable internal flight alternative, he is a Convention refugee; however the claimants failed to establish on a balance of probabilities that the attack and future risk to the associated and minor claimants were politically motivated or that a personalized nexus existed, so their claims were rejected.

Citation
2019 RLLR 217
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
8 May 2019
Procedural Posture
Refugee Protection Claim / Decision of the Refugee Protection Division
Outcome
Principal claimant granted Convention refugee status; associated and minor claimants rejected
Legal Topics
Convention Refugee, Political Opinion, Credibility Assessment, State Protection, Internal Flight Alternative, Nexus
Source Language
English
Immigration and Refugee Law Administrative Law Convention Refugee Political Opinion Credibility Assessment State Protection Internal Flight Alternative Nexus

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee based on political opinion
  2. 2 Whether the attack on the principal claimant was politically motivated
  3. 3 Credibility of the principal claimant's testimony

Ratio Decidendi

The principal claimant was found to hold an oppositional political opinion and, given objective country conditions showing repression of protesters, lack of effective state protection and no viable internal flight alternative, he is a Convention refugee; however the claimants failed to establish on a balance of probabilities that the attack and future risk to the associated and minor claimants were politically motivated or that a personalized nexus existed, so their claims were rejected.

Court Disposition

Principal claimant granted Convention refugee status; associated and minor claimants rejected

Orders

  • Principal claimant recognized as a Convention refugee
  • Associated and minor claimants' claims rejected