2021 RLLR 32

2021 RLLR 32

The Panel accepted the claimants as Convention refugees because the son’s credible, detailed testimony was corroborated by documentary evidence (notices of investigation, letters, Facebook postings) establishing political activity and targeting, and the mother’s inclusion on the Tascón List together with a notice of...

Source-derived case information.

Citation
2021 RLLR 32
Parties
Claimant: XXXX XXXX XXXX XXXX; Co Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 January 2021
Procedural Posture
Refugee Protection Claim Under IRPA / Decision by Refugee Protection Division
Outcome
Claim accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Political Opinion, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Co Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Credibility of the claimants and evidentiary weight of documents
  3. 3 Whether persecution is on account of political opinion (nexus)

Ratio Decidendi

The Panel accepted the claimants as Convention refugees because the son’s credible, detailed testimony was corroborated by documentary evidence (notices of investigation, letters, Facebook postings) establishing political activity and targeting, and the mother’s inclusion on the Tascón List together with a notice of investigation established she too was at risk as a means to reach the son; state protection was inadequate and no viable internal flight alternative existed, therefore they face a serious possibility of persecution on account of political opinion.

Court Disposition

Claim accepted; claimants found to be Convention refugees

Orders

  • Claim accepted and claimants recognized as Convention refugees