2019 RLLR 86

2019 RLLR 86

Panel found on the balance of probabilities that claimants faced removal from the UAE, that their subjective fear was not rebutted despite questions about bypassing the U.S., and that objective country conditions in Syria create a real risk of persecution (including for imputed political opinion and refusal to perform military service); there is no viable internal flight alternative or state protection, therefore the claimants meet the definition of Convention refugees.

Citation
2019 RLLR 86
Parties
Principal Claimant: [XXX]; Spouse of Principal Claimant: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 March 2019
Procedural Posture
Refugee Protection Claim (irpa) / Refugee Protection Division Decision
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Credibility, Internal Flight Alternative, State Protection, Political Opinion, Military Conscription
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Internal Flight Alternative State Protection Political Opinion +1 more

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Parties

[XXX]

Principal Claimant

[XXX]

Spouse of Principal Claimant

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Refugee Protection Division Decision

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Credibility of evidence regarding leaving UAE and not claiming asylum in the U.S.
  3. 3 Whether there is an objective risk of persecution on return to Syria

Ratio Decidendi

Panel found on the balance of probabilities that claimants faced removal from the UAE, that their subjective fear was not rebutted despite questions about bypassing the U.S., and that objective country conditions in Syria create a real risk of persecution (including for imputed political opinion and refusal to perform military service); there is no viable internal flight alternative or state protection, therefore the claimants meet the definition of Convention refugees.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Claimants recognized as Convention refugees