2020 RLLR 45

2020 RLLR 45

Claimant's identity and credible testimony were corroborated by documents and objective country evidence (including reports on the National Security Law and prosecutions of protest leaders); there is a clear nexus to political opinion, no effective state protection and no viable internal flight alternative in Hong Kong, therefore the claimant meets the definition of a Convention refugee.

Citation
2020 RLLR 45
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
8 October 2020
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Country Conditions (hong Kong), National Security Law
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative Country Conditions (hong Kong) +1 more

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Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee on ground of political opinion
  2. 2 Credibility of claimant's testimony and documentary evidence
  3. 3 Nexus between feared harm and political opinion

Ratio Decidendi

Claimant's identity and credible testimony were corroborated by documents and objective country evidence (including reports on the National Security Law and prosecutions of protest leaders); there is a clear nexus to political opinion, no effective state protection and no viable internal flight alternative in Hong Kong, therefore the claimant meets the definition of a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claimant found to be a Convention refugee and refugee protection claim accepted