2020 RLLR 4

2020 RLLR 4

Member accepted the claimant's credible testimony, found nexus to imputed political opinion, concluded there was an objective risk of torture and ill‑treatment for Tamils perceived as LTTE supporters, found state protection and an internal flight alternative unavailable, and therefore determined the claimant is a Convention refugee under s.96 IRPA.

Citation
2020 RLLR 4
Parties
Claimant: XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 October 2020
Procedural Posture
Refugee Protection Claim / Decision (oral Hearing)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to s.96 IRPA
Legal Topics
Convention Refugee, Imputed Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment, Torture and Ill Treatment, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Imputed Political Opinion State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (oral Hearing)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under s.96 IRPA
  2. 2 Whether there is nexus to imputed political opinion
  3. 3 Whether state protection is available or the presumption of protection is rebutted

Ratio Decidendi

Member accepted the claimant's credible testimony, found nexus to imputed political opinion, concluded there was an objective risk of torture and ill‑treatment for Tamils perceived as LTTE supporters, found state protection and an internal flight alternative unavailable, and therefore determined the claimant is a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to s.96 IRPA

Orders

  • Claim accepted; decision declares claimant a Convention refugee under s.96 of the Immigration and Refugee Protection Act