2020 RLLR 110

2020 RLLR 110

The claimant established a well‑founded fear of persecution for political opinion; the State and its agents are the agent of persecution and effective state protection is unavailable; no internal flight alternative exists; credibility was affirmed despite failure to claim in the US, therefore the claimant is a Convention refugee.

Citation
2020 RLLR 110
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 March 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (member: Carol Ann Gibbs)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (member: Carol Ann Gibbs)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under ss.96 and 97(1) of the IRPA
  2. 2 Whether the claimant has a well‑founded fear of persecution for political opinion
  3. 3 Whether effective state protection is available in Sudan

Ratio Decidendi

The claimant established a well‑founded fear of persecution for political opinion; the State and its agents are the agent of persecution and effective state protection is unavailable; no internal flight alternative exists; credibility was affirmed despite failure to claim in the US, therefore the claimant is a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claim accepted
  • Claimant recognized as a Convention refugee under ss.96 and 97(1) of the Immigration and Refugee Protection Act