2019 RLLR 196

2019 RLLR 196

On the evidence and the claimants' credible testimony and corroborating documents, the claimants established identity, nexus to religion, an objectively reasonable risk of persecution in Egypt as Coptic Christians, the State is unable or unwilling to protect them, and no viable internal flight alternative exists; therefore they meet the definition of Convention refugees under section 96 of the IRPA.

Citation
2019 RLLR 196
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX XXXX XXXX; Claimant in Law: XXXX XXXX XXXX; Claimant in Law: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 September 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Rendered Without Hearing (streamed Less Complex Claim)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Objective Risk Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Law Religious Freedom Convention Refugee Persecution State Protection Internal Flight Alternative +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Claimant in Law

XXXX XXXX XXXX XXXX

Claimant in Law

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Rendered Without Hearing (streamed Less Complex Claim)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether there is a nexus between the claimed risk and the claimants' religion
  3. 3 Whether the State of Egypt is willing and able to provide protection

Ratio Decidendi

On the evidence and the claimants' credible testimony and corroborating documents, the claimants established identity, nexus to religion, an objectively reasonable risk of persecution in Egypt as Coptic Christians, the State is unable or unwilling to protect them, and no viable internal flight alternative exists; therefore they meet the definition of Convention refugees under section 96 of the IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • The Refugee Protection Division accepts the claims and finds the claimants to be Convention refugees.