2020 RLLR 175

2020 RLLR 175

On a balance of probabilities the principal claimant established a well-founded fear of persecution in Egypt based on an imputed anti-government political opinion; the three adult and two minor family members established refugee status as members of a particular social group (family of principal) because they face a serious possibility of persecution, state protection is unavailable or ineffective, and no internal flight alternative exists.

Citation
2020 RLLR 175
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Elder Female Claimant: XXXX XXXX XXXX XXXX XXXX; Younger Female Claimant: XXXX XXXX XXXX XXXX XXXX; Elder Minor Claimant: XXXX XXXX XXXX XXXX; Younger Minor Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 February 2020
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Final Decision
Outcome
Claims allowed; all five claimants found to be Convention refugees under section 96 IRPA
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Particular Social Group, Imputed Political Opinion, Family Based Risk
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution State Protection Internal Flight Alternative Particular Social Group +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Elder Female Claimant

XXXX XXXX XXXX XXXX XXXX

Younger Female Claimant

XXXX XXXX XXXX XXXX

Elder Minor Claimant

XXXX XXXX XXXX XXXX XXXX

Younger Minor Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Final Decision

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee under section 96 IRPA based on imputed anti-government political opinion
  2. 2 Whether the elder female, younger female and two minors qualify as Convention refugees as members of a particular social group by virtue of family membership
  3. 3 Whether state protection in Egypt is available and sufficient

Ratio Decidendi

On a balance of probabilities the principal claimant established a well-founded fear of persecution in Egypt based on an imputed anti-government political opinion; the three adult and two minor family members established refugee status as members of a particular social group (family of principal) because they face a serious possibility of persecution, state protection is unavailable or ineffective, and no internal flight alternative exists.

Court Disposition

Claims allowed; all five claimants found to be Convention refugees under section 96 IRPA

Orders

  • Claims accepted; principal claimant and four family members found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act