2020 RLLR 179

2020 RLLR 179

Member accepted claimant’s credibility and documentary corroboration, concluded that Nubian ethnicity and activism place her in a particular social group exposed to persecution by Egyptian authorities, found state protection and internal flight alternatives unavailable, and therefore granted refugee protection to the principal claimant while finding insufficient evidence that the two minors face a serious possibility of persecution and rejecting their claims.

Citation
2020 RLLR 179
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 January 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Issued by Refugee Protection Division
Outcome
Principal claimant granted Convention refugee status; two minor claimants denied refugee protection and not found to be persons in need of protection.
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Ethnicity (nubian), State Protection, Internal Flight Alternative, Credibility Assessment, Child Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Membership of a Particular Social Group Ethnicity (nubian) State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Issued by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA
  2. 2 Whether the claimant is credible
  3. 3 Whether Nubian ethnicity and activism constitute membership in a particular social group

Ratio Decidendi

Member accepted claimant’s credibility and documentary corroboration, concluded that Nubian ethnicity and activism place her in a particular social group exposed to persecution by Egyptian authorities, found state protection and internal flight alternatives unavailable, and therefore granted refugee protection to the principal claimant while finding insufficient evidence that the two minors face a serious possibility of persecution and rejecting their claims.

Court Disposition

Principal claimant granted Convention refugee status; two minor claimants denied refugee protection and not found to be persons in need of protection.

Orders

  • Accept claim of XXXX XXXX XXXX XXXX and grant Convention refugee protection under sections 96 and 97(1) of the IRPA
  • Reject claims of the two minors, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX, under section 96 and section 97(1) of the IRPA