2020 RLLR 40

2020 RLLR 40

The Tribunal found the claimant credible, accepted that the claimant's political activities with HTP and CHP created a nexus to political opinion, concluded the state was unwilling or unable to provide protection and that no viable internal flight alternative existed; therefore there is a serious possibility of persecution and the claimant is a Convention refugee.

Citation
2020 RLLR 40
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 February 2020
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (oral Reasons)
Outcome
Claim allowed; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility Assessment +1 more

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Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (oral Reasons)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee
  2. 2 Nexus between feared harm and political opinion
  3. 3 Credibility of claimant and corroborating evidence

Ratio Decidendi

The Tribunal found the claimant credible, accepted that the claimant's political activities with HTP and CHP created a nexus to political opinion, concluded the state was unwilling or unable to provide protection and that no viable internal flight alternative existed; therefore there is a serious possibility of persecution and the claimant is a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee.