2021 RLLR 2

2021 RLLR 2

On the evidence the panel found the claimant credible and corroborated, determined there is a nexus between the feared harm and his religion, concluded there is an objective risk from Islamic religious extremists (the Tabliq) given country conditions and publicity, found state protection to be unavailable due to corruption and evidence of police bribery, rejected internal flight as viable, and therefore held on a balance of probabilities that the claimant faces a serious possibility of persecution and is a Convention refugee.

Citation
2021 RLLR 2
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 May 2021
Procedural Posture
Refugee Protection Claim Under IRPA / Determination (merits)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility, Nexus
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Freedom of Religion Convention Refugee Persecution State Protection +3 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Determination (merits)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under IRPA s.96/97(1)
  2. 2 Credibility and corroboration of the claimant's testimony
  3. 3 Whether feared harm is linked to religion (nexus)

Ratio Decidendi

On the evidence the panel found the claimant credible and corroborated, determined there is a nexus between the feared harm and his religion, concluded there is an objective risk from Islamic religious extremists (the Tabliq) given country conditions and publicity, found state protection to be unavailable due to corruption and evidence of police bribery, rejected internal flight as viable, and therefore held on a balance of probabilities that the claimant faces a serious possibility of persecution and is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant recognized as a Convention refugee; claim accepted by the Refugee Protection Division