2019 RLLR 87

2019 RLLR 87

The claimants were accepted as Convention refugees because the member found their testimony and supporting documents credible that they were detained and targeted due to perceived pro‑Gaddafi political opinion, their home was seized by a local militia, relocation to Zaltan was objectively unreasonable given the poor security and presence of young children, and there is no effective state protection in Libya.

Citation
2019 RLLR 87
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 January 2019
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Claim Accepted (oral Reasons)
Outcome
Claims for refugee protection accepted; claimants recognized as Convention refugees
Legal Topics
Convention Refugee, Persecution Based on Political Opinion, Internal Flight Alternative, State Protection, Credibility Assessment
Source Language
English
Refugee Law Immigration Human Rights Convention Refugee Persecution Based on Political Opinion Internal Flight Alternative State Protection Credibility Assessment

Case Brief

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Claim Accepted (oral Reasons)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether an internal flight alternative exists
  3. 3 Whether effective state protection is available

Ratio Decidendi

The claimants were accepted as Convention refugees because the member found their testimony and supporting documents credible that they were detained and targeted due to perceived pro‑Gaddafi political opinion, their home was seized by a local militia, relocation to Zaltan was objectively unreasonable given the poor security and presence of young children, and there is no effective state protection in Libya.

Court Disposition

Claims for refugee protection accepted; claimants recognized as Convention refugees

Orders

  • Claims for refugee protection accepted
  • Claimants recognized as Convention refugees