2020 RLLR 2

2020 RLLR 2

The claimants were found credible and their testimony, corroborated by documentation and the NDP, established a clear nexus between persecution and the principal claimant's political opinion; because the state is identified as the agent of persecution and no viable internal flight alternative exists, the claimants constitute Convention refugees under s.96 IRPA.

Citation
2020 RLLR 2
Parties
Principal Claimant: [XXX]; Associate Claimant (wife): [XXX]; Minor Claimant (child): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 December 2020
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Determination (final Decision)
Outcome
Allowed; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Credibility Assessment State Protection Internal Flight Alternative

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

[XXX]

Principal Claimant

[XXX]

Associate Claimant (wife)

[XXX]

Minor Claimant (child)

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Determination (final Decision)

Legal Issues

  1. 1 Credibility of claimants' testimony
  2. 2 Nexus between fear and political opinion
  3. 3 Objective well‑founded fear of persecution

Ratio Decidendi

The claimants were found credible and their testimony, corroborated by documentation and the NDP, established a clear nexus between persecution and the principal claimant's political opinion; because the state is identified as the agent of persecution and no viable internal flight alternative exists, the claimants constitute Convention refugees under s.96 IRPA.

Court Disposition

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

Orders

  • Claims accepted; claimants declared Convention refugees pursuant to s.96 IRPA