2020 RLLR 115

2020 RLLR 115

Member found claimant credible, established nexus to religion through personal and corroborative evidence, accepted objective country documentation demonstrating a serious possibility of persecution of Coptic Christians and state unwillingness or inability to protect, and found no viable internal flight alternative; therefore claimants are Convention refugees under Section 96.

Citation
2020 RLLR 115
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 October 2020
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claims accepted; claimants determined to be Convention refugees under Section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Religion Based Persecution, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Convention Refugee Religion Based Persecution State Protection Internal Flight Alternative +1 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Convention refugee determination under Section 96 of the IRPA
  2. 2 Nexus between persecution and religion (Coptic Christian identity)
  3. 3 Whether state protection is available or the presumption of protection is rebutted

Ratio Decidendi

Member found claimant credible, established nexus to religion through personal and corroborative evidence, accepted objective country documentation demonstrating a serious possibility of persecution of Coptic Christians and state unwillingness or inability to protect, and found no viable internal flight alternative; therefore claimants are Convention refugees under Section 96.

Court Disposition

Claims accepted; claimants determined to be Convention refugees under Section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimants determined to be Convention refugees under Section 96 of the Immigration and Refugee Protection Act
  • No internal flight alternative available within Egypt