2020 RLLR 79

2020 RLLR 79

Tribunal accepted claimant's credible testimony and consistent corroborating documents, found nexus to political opinion, concluded that objective country evidence establishes a real risk of persecution to politically active Kurds and that state protection and internal relocation are unavailable; therefore claimant meets the definition of a Convention refugee under s.96 of the IRPA.

Citation
2020 RLLR 79
Parties
Claimant: [XXX]; Adjudicator: Refugee Protection Division; State: Government of Turkey
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Refugee Protection Claim / Decision on Claim (merits)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Credibility Assessment, State Protection, Internal Flight Alternative, Political Opinion Nexus
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Credibility Assessment State Protection Internal Flight Alternative Political Opinion Nexus

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Parties

[XXX]

Claimant

Refugee Protection Division

Adjudicator

Government of Turkey

State

Procedural Posture

Refugee Protection Claim / Decision on Claim (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Credibility of the claimant's testimony and documents
  3. 3 Whether nexus exists between feared misconduct and a Convention ground (political opinion)

Ratio Decidendi

Tribunal accepted claimant's credible testimony and consistent corroborating documents, found nexus to political opinion, concluded that objective country evidence establishes a real risk of persecution to politically active Kurds and that state protection and internal relocation are unavailable; therefore claimant meets the definition of a Convention refugee under s.96 of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Applicant recognized as a Convention refugee pursuant to s.96 of the IRPA
  • An unedited copy of this decision to be mailed to the claimant and counsel