2019 RLLR 172

2019 RLLR 172

The Member accepted the claimants' credible testimony and documentary evidence that they were persecuted because the principal claimant was perceived as non-conforming to Islam (and the children as family of an apostate), and that state protection in Egypt was not available or effective; therefore the claimants meet the definition of Convention refugees.

Citation
2019 RLLR 172
Parties
Principal Claimant: XXXX XXXX XXXX; Dependent Child: XXXX XXXX XXXX; Dependent Child: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 March 2019
Procedural Posture
Refugee Protection (refugee Protection Division) / Decision Rendered After Hearing
Outcome
Claimants accepted as Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, Religion (imputed Apostasy), State Protection, Gender Related Persecution
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group Religion (imputed Apostasy) State Protection Gender Related Persecution

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Dependent Child

XXXX XXXX

Dependent Child

Procedural Posture

Refugee Protection (refugee Protection Division) / Decision Rendered After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Nexus to a Convention ground: membership of a particular social group (gender/non-conformity and family) and imputed religion
  3. 3 Whether claimants are credible

Ratio Decidendi

The Member accepted the claimants' credible testimony and documentary evidence that they were persecuted because the principal claimant was perceived as non-conforming to Islam (and the children as family of an apostate), and that state protection in Egypt was not available or effective; therefore the claimants meet the definition of Convention refugees.

Court Disposition

Claimants accepted as Convention refugees

Orders

  • The four claimants are found to be Convention refugees and their claims for refugee protection are allowed