2019 RLLR 201

2019 RLLR 201

Claimants were found credible and their testimony, corroborated by country documentation, established an objectively well‑founded fear of persecution on the grounds of political opinion (principal claimant) and membership of a particular social group (female children at risk of FGM and their family members); state protection is ineffective and no reasonable internal flight alternative exists; therefore they meet the definition of Convention refugees under s.96 IRPA.

Citation
2019 RLLR 201
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 September 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division (reasons for Decision)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Female Genital Mutilation (fgm), Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Administrative Law Convention Refugee Female Genital Mutilation (fgm) Political Opinion State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division (reasons for Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 of the IRPA
  2. 2 Whether the claimants have an objectively well-founded fear of persecution for political opinion
  3. 3 Whether the minor claimants face persecution as members of a particular social group due to risk of FGM

Ratio Decidendi

Claimants were found credible and their testimony, corroborated by country documentation, established an objectively well‑founded fear of persecution on the grounds of political opinion (principal claimant) and membership of a particular social group (female children at risk of FGM and their family members); state protection is ineffective and no reasonable internal flight alternative exists; therefore they meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Refugee Protection Division accepts the claims and finds the claimants to be Convention refugees pursuant to section 96 of the IRPA.