2020 RLLR 71

2020 RLLR 71

The panel accepted the principal claimant's credible and corroborated testimony that he was an active Musavat organizer who was detained, abused and threatened; country evidence establishes systemic repression of political opposition and state involvement such that protection and internal flight alternatives are unavailable; therefore the claimants have established a well‑founded fear of persecution and are Convention refugees.

Citation
2020 RLLR 71
Parties
Principal Claimant: [XXX] aka [XXX] aka [XXX]; Associate Claimant: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 October 2020
Procedural Posture
Refugee Protection Claim (irpa) / Determination (hearing Concluded)
Outcome
Claim accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Political Opinion, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Torture and Ill Treatment, Administrative Detention
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion Persecution State Protection Internal Flight Alternative +3 more

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Parties

[XXX] aka [XXX] aka [XXX]

Principal Claimant

[XXX]

Associate Claimant

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Determination (hearing Concluded)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under IRPA based on political opinion
  2. 2 Credibility of the principal claimant
  3. 3 Whether there is an objective basis for the fear of persecution

Ratio Decidendi

The panel accepted the principal claimant's credible and corroborated testimony that he was an active Musavat organizer who was detained, abused and threatened; country evidence establishes systemic repression of political opposition and state involvement such that protection and internal flight alternatives are unavailable; therefore the claimants have established a well‑founded fear of persecution and are Convention refugees.

Court Disposition

Claim accepted; claimants found to be Convention refugees

Orders

  • Claimants found to be Convention refugees; claim accepted