2020 RLLR 20

2020 RLLR 20

The panel held that although the claimants did not establish nexus to a protected ground and therefore were not Convention refugees, they proved on a balance of probabilities that they face a risk to their lives and that state protection in Sri Lanka was inadequate and no internal flight alternative existed; accordingly they are persons in need of protection under s.97(1) IRPA.

Citation
2020 RLLR 20
Parties
Claimant (principal): [XXX]; Claimant (adult): [XXX]; Claimant (minor): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 June 2020
Procedural Posture
Refugee Protection / Hearing and Decision (refugee Protection Division)
Outcome
Claims accepted under section 97(1) IRPA; claimants are persons in need of protection; claims not established under Convention refugee ground due to lack of nexus.
Legal Topics
Convention Refugee, Protection Claim Under S.97(1) IRPA, Nexus to Protected Ground, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Protection Claim Under S.97(1) IRPA Nexus to Protected Ground State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant (principal)

[XXX]

Claimant (adult)

[XXX]

Claimant (minor)

Procedural Posture

Refugee Protection / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees (nexus to protected ground)
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA due to risk to life or cruel and unusual treatment
  3. 3 Whether adequate state protection was available in Sri Lanka

Ratio Decidendi

The panel held that although the claimants did not establish nexus to a protected ground and therefore were not Convention refugees, they proved on a balance of probabilities that they face a risk to their lives and that state protection in Sri Lanka was inadequate and no internal flight alternative existed; accordingly they are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims accepted under section 97(1) IRPA; claimants are persons in need of protection; claims not established under Convention refugee ground due to lack of nexus.

Orders

  • Claimants' protection claims under s.97(1) IRPA accepted
  • Claimants are not Convention refugees (nexus not established)