2020 RLLR 34

2020 RLLR 34

Claimant was found credible on key matters, her allegations were corroborated by documentary evidence and country reports established an objective risk from State agents; State protection was unavailable and no viable internal flight alternative existed, therefore she meets the Convention refugee criteria on the ground of political opinion.

Citation
2020 RLLR 34
Parties
Claimant: Madam [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision Following Hearing
Outcome
Claim accepted; claimant found to be a Convention refugee under Section 96 on grounds of political opinion.
Legal Topics
Convention Refugee, Political Opinion, Sexual Orientation, Credibility Assessment, State Protection, Internal Flight Alternative, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion Sexual Orientation Credibility Assessment State Protection +2 more

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Parties

Madam [XXX]

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision Following Hearing

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant meets Convention refugee definition
  3. 3 Whether there is an objective risk of persecution

Ratio Decidendi

Claimant was found credible on key matters, her allegations were corroborated by documentary evidence and country reports established an objective risk from State agents; State protection was unavailable and no viable internal flight alternative existed, therefore she meets the Convention refugee criteria on the ground of political opinion.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under Section 96 on grounds of political opinion.

Orders

  • Claim accepted
  • Claimant declared a Convention refugee under Section 96