2019 RLLR 79

2019 RLLR 79

The claimants are Convention refugees because their association with a brother who fought with Misrata militia exposes them to a real risk of persecution by rival militias; Libya cannot provide adequate protection and no reasonable internal flight alternative exists, therefore protection is required under ss.96 and 97(1) of IRPA.

Citation
2019 RLLR 79
Parties
Claimant: Mr. [XXX]; Claimant: Ms. [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 April 2019
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Claim accepted; claimants found to be Convention refugees.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative Credibility

Case Brief

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Parties

Mr. [XXX]

Claimant

Ms. [XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether membership by association with a Misrata militia constitutes a particular social group or imputed political opinion
  3. 3 Whether Libyan state protection is available and effective

Ratio Decidendi

The claimants are Convention refugees because their association with a brother who fought with Misrata militia exposes them to a real risk of persecution by rival militias; Libya cannot provide adequate protection and no reasonable internal flight alternative exists, therefore protection is required under ss.96 and 97(1) of IRPA.

Court Disposition

Claim accepted; claimants found to be Convention refugees.

Orders

  • Convention refugee status granted to the claimants