2020 RLLR 139

2020 RLLR 139

The principal claimant established a serious possibility of persecution in Venezuela for political opinion, state protection was not reasonably forthcoming and there was no viable internal flight alternative, therefore he is a Convention refugee under section 96 IRPA; the associate and minor claimants, though they have a well‑founded fear of persecution in Venezuela, are dual nationals of Colombia and failed to demonstrate a serious possibility of persecution in Colombia, so their claims are rejected.

Citation
2020 RLLR 139
Parties
Principal Claimant: Rayner Enrique [XXX]; Associate Claimant: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 February 2020
Procedural Posture
Refugee Protection Under IRPA / Decision Refugee Protection Division
Outcome
Principal claimant granted Convention refugee status; associate claimant and minor claimants not found to be Convention refugees or persons in need of protection and their claims rejected
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Dual Nationality, Political Opinion Persecution
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee State Protection Internal Flight Alternative Dual Nationality Political Opinion Persecution

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Parties

Rayner Enrique [XXX]

Principal Claimant

[XXX]

Associate Claimant

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Under IRPA / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether the associate and minor claimants are Convention refugees or persons in need of protection given their dual Colombian nationality
  3. 3 Whether state protection in Venezuela would be reasonably forthcoming

Ratio Decidendi

The principal claimant established a serious possibility of persecution in Venezuela for political opinion, state protection was not reasonably forthcoming and there was no viable internal flight alternative, therefore he is a Convention refugee under section 96 IRPA; the associate and minor claimants, though they have a well‑founded fear of persecution in Venezuela, are dual nationals of Colombia and failed to demonstrate a serious possibility of persecution in Colombia, so their claims are rejected.

Court Disposition

Principal claimant granted Convention refugee status; associate claimant and minor claimants not found to be Convention refugees or persons in need of protection and their claims rejected

Orders

  • Grant Convention refugee protection to principal claimant Rayner Enrique [XXX]
  • Reject claims of associate claimant [XXX] and minor claimants [XXX] and [XXX]