2019 RLLR 102

2019 RLLR 102

On the totality of the evidence the claimant is a Convention refugee because she established a well‑founded fear of persecution as a Ugandan woman at risk of domestic violence (membership in a particular social group), there is a nexus between the fear and a Convention ground (gender), state protection is not reasonably forthcoming given documented police apathy and gaps, and an internal flight alternative is not reasonable because of the husband’s connections to police/military and mandatory local registration that would enable him to locate her; corroborating evidence and documentation outweighed credibility omissions, therefore the claim is accepted.

Citation
2019 RLLR 102
Parties
Claimant: [XXX]; Member: S. Charow; Counsel: Denis Onek Olwedo
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 January 2019
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision Following Hearing (eligibility Determination)
Outcome
Claimant accepted as a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant

S. Charow

Member

Denis Onek Olwedo

Counsel

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision Following Hearing (eligibility Determination)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant is a member of a particular social group (woman at risk/domestic violence)
  3. 3 Whether state protection would be reasonably forthcoming

Ratio Decidendi

On the totality of the evidence the claimant is a Convention refugee because she established a well‑founded fear of persecution as a Ugandan woman at risk of domestic violence (membership in a particular social group), there is a nexus between the fear and a Convention ground (gender), state protection is not reasonably forthcoming given documented police apathy and gaps, and an internal flight alternative is not reasonable because of the husband’s connections to police/military and mandatory local registration that would enable him to locate her; corroborating evidence and documentation outweighed credibility omissions, therefore the claim is accepted.

Court Disposition

Claimant accepted as a Convention refugee

Orders

  • Claim accepted and claimant recognized as a Convention refugee; hearing concluded