2020 RLLR 13

2020 RLLR 13

The claimant, a self-identified political dissident, provided credible, consistent testimony supported by objective country evidence showing systemic repression of political opposition, that the state and allied armed groups are agents of persecution and that state protection is unavailable; therefore on the balance of probabilities she meets the definition of a Convention refugee under section 96 IRPA and return would expose her to persecution.

Citation
2020 RLLR 13
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 February 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (hearing)
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 IRPA
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility +1 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (hearing)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant's fear is based on political opinion (nexus)
  3. 3 Whether state protection is unavailable or the state is the agent of persecution

Ratio Decidendi

The claimant, a self-identified political dissident, provided credible, consistent testimony supported by objective country evidence showing systemic repression of political opposition, that the state and allied armed groups are agents of persecution and that state protection is unavailable; therefore on the balance of probabilities she meets the definition of a Convention refugee under section 96 IRPA and return would expose her to persecution.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 IRPA

Orders

  • Claim accepted; claimant declared a Convention refugee