2019 RLLR 107

2019 RLLR 107

The claimants were found credible and their testimony was corroborated by objective documentation and country evidence showing persecution of political opponents throughout Venezuela; the state is unwilling or unable to protect them and no internal flight alternative exists, therefore on balance of probabilities they are Convention refugees under s.96 IRPA.

Citation
2019 RLLR 107
Parties
Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 March 2019
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Decision at Refugee Protection Division (oral Reasons From the Bench)
Outcome
Refugee claims accepted; claimants found to be Convention refugees pursuant to s.96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Credibility Assessment, State Protection, Internal Flight Alternative, Political Opinion, Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Credibility Assessment State Protection Internal Flight Alternative Political Opinion +1 more

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Parties

XXXX

Claimant

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Decision at Refugee Protection Division (oral Reasons From the Bench)

Legal Issues

  1. 1 Whether claimants are credible
  2. 2 Whether claimants are Convention refugees within s.96 IRPA
  3. 3 Whether the Venezuelan state would provide protection

Ratio Decidendi

The claimants were found credible and their testimony was corroborated by objective documentation and country evidence showing persecution of political opponents throughout Venezuela; the state is unwilling or unable to protect them and no internal flight alternative exists, therefore on balance of probabilities they are Convention refugees under s.96 IRPA.

Court Disposition

Refugee claims accepted; claimants found to be Convention refugees pursuant to s.96 of the Immigration and Refugee Protection Act.

Orders

  • Claims accepted and claimants recognized as Convention refugees pursuant to s.96 IRPA
  • Finding that state protection is unavailable and no internal flight alternative exists