2020 RLLR 111

2020 RLLR 111

Member accepted claimants' credible testimony and corroborating documentary evidence linking threats to their political opinion as animal rights activists; found objective risk from the Black Eagles and country conditions; found clear and convincing evidence that state protection was not available and that no reasonable internal flight alternative existed; therefore claimants are Convention refugees under the IRPA.

Citation
2020 RLLR 111
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 December 2020
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division Oral Decision)
Outcome
Claim accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration and Refugee Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility Country Conditions

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division Oral Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees with nexus to political opinion
  2. 2 Whether claimants have a well-founded fear of persecution
  3. 3 Whether state protection is available

Ratio Decidendi

Member accepted claimants' credible testimony and corroborating documentary evidence linking threats to their political opinion as animal rights activists; found objective risk from the Black Eagles and country conditions; found clear and convincing evidence that state protection was not available and that no reasonable internal flight alternative existed; therefore claimants are Convention refugees under the IRPA.

Court Disposition

Claim accepted; claimants found to be Convention refugees

Orders

  • Claim accepted; claimants are Convention refugees