2019 RLLR 108

2019 RLLR 108

The claimant proved on a balance of probabilities that she is a member of a particular social group (women fearing gender‑based violence), credibly established that the Saudi government threatened her because of criminal proceedings against a Saudi citizen, and objective country evidence shows that women who report sexual assault face prosecution and severe punishments and cannot obtain state protection anywhere in Saudi Arabia; therefore she has an objectively well‑founded fear of persecution and is a Convention refugee.

Citation
2019 RLLR 108
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 March 2019
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Country Condition Evidence, Sexual Assault
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Violence Convention Refugee Particular Social Group State Protection Internal Flight Alternative +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 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant belongs to a particular social group (women fearing gender-based violence)
  3. 3 Whether state protection is available

Ratio Decidendi

The claimant proved on a balance of probabilities that she is a member of a particular social group (women fearing gender‑based violence), credibly established that the Saudi government threatened her because of criminal proceedings against a Saudi citizen, and objective country evidence shows that women who report sexual assault face prosecution and severe punishments and cannot obtain state protection anywhere in Saudi Arabia; therefore she has an objectively well‑founded fear of persecution and is a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee