2019 RLLR 110

2019 RLLR 110

On the evidence (certified identity documents, corroborating witness statements, threats and professional records) the claimant is credible and has established on the balance of probabilities a nexus to Convention grounds (gender, professional profile, and status as a victim of domestic violence); objective country evidence demonstrates real risk and ineffective state protection and no viable internal flight alternative; therefore the claimant and her dependent children are Convention refugees under s.96 IRPA.

Citation
2019 RLLR 110
Parties
Principal Claimant: Ms. [XXX]; Dependent Claimant: [XXX] (minor)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Decision
Outcome
Claimant and her two minor children found to be Convention refugees under s.96 IRPA; claim allowed.
Legal Topics
Convention Refugee, Well Founded Fear, Internal Flight Alternative, Credibility Assessment, Gender Based Persecution, Domestic Violence, Religious/sectarian Persecution, Membership of a Particular Social Group
Source Language
English
Immigration Law Refugee Law International Protection Gender Based Violence Convention Refugee Well Founded Fear Internal Flight Alternative Credibility Assessment +4 more

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Parties

Ms. [XXX]

Principal Claimant

[XXX] (minor)

Dependent Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Decision

Legal Issues

  1. 1 identity and citizenship
  2. 2 credibility of the principal claimant
  3. 3 nexus to Convention grounds (gender, profession, victim of domestic violence)

Ratio Decidendi

On the evidence (certified identity documents, corroborating witness statements, threats and professional records) the claimant is credible and has established on the balance of probabilities a nexus to Convention grounds (gender, professional profile, and status as a victim of domestic violence); objective country evidence demonstrates real risk and ineffective state protection and no viable internal flight alternative; therefore the claimant and her dependent children are Convention refugees under s.96 IRPA.

Court Disposition

Claimant and her two minor children found to be Convention refugees under s.96 IRPA; claim allowed.

Orders

  • Claimants recognized as Convention refugees and afforded protection
  • Oral reasons delivered and decision concluded