2020 RLLR 29

2020 RLLR 29

On the evidence, each claimant established a nexus to a Convention ground (widowhood/gender; sexual orientation; girls without male protection), demonstrated a well‑founded fear of persecution, and rebutted the presumption of adequate state protection; internal flight alternatives were objectively unreasonable given...

Source-derived case information.

Citation
2020 RLLR 29
Parties
Principal Claimant: [XXX]; Associated Claimant: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 February 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Refugee Protection Division Hearing
Outcome
Claims allowed; principal claimant, associated claimant and minor claimant found to be Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Admission of Expert Evidence
Source Language
english
Immigration Refugee Law Human Rights Gender Based Violence LGBTQ Rights Convention Refugee Particular Social Group State Protection +3 more

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Summary, issues, holding and outcome

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Parties

[XXX]

Principal Claimant

[XXX]

Associated Claimant

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Refugee Protection Division Hearing

Legal Issues

  1. 1 Whether each claimant established a well‑founded fear of persecution
  2. 2 Nexus to a Convention ground (particular social group/gender/sexual orientation)
  3. 3 Availability and adequacy of state protection in India

Ratio Decidendi

On the evidence, each claimant established a nexus to a Convention ground (widowhood/gender; sexual orientation; girls without male protection), demonstrated a well‑founded fear of persecution, and rebutted the presumption of adequate state protection; internal flight alternatives were objectively unreasonable given stigma, marginalization and pervasive violence, therefore each is a Convention refugee.

Court Disposition

Claims allowed; principal claimant, associated claimant and minor claimant found to be Convention refugees

Orders

  • Principal claimant [XXX] granted Convention refugee status
  • Associated claimant [XXX] granted Convention refugee status