2021 RLLR 87

2021 RLLR 87

The Member accepted the claimant's identity and found the claimant credible; the claimant established a well‑founded fear of persecution on the ground of religion based on a PSB interrogation and objective country evidence; the claimant was not excluded under Article 1E because residence in Suriname was temporary;...

Source-derived case information.

Citation
2021 RLLR 87
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 November 2021
Procedural Posture
Refugee Protection Claim / Final Determination
Outcome
Claimant found to be a Convention refugee on the basis of religion; claim accepted.
Legal Topics
Convention Refugee, Religion Based Persecution, State Protection, Internal Flight Alternative, Exclusion (article 1 E), Credibility Assessment
Source Language
english
Immigration and Refugee Law Human Rights Convention Refugee Religion Based Persecution State Protection Internal Flight Alternative Exclusion (article 1 E) Credibility Assessment

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Determination

Legal Issues

  1. 1 Whether claimant is a Convention refugee on the ground of religion
  2. 2 Credibility and identity of the claimant
  3. 3 Whether claimant is excluded under Article 1E of the Refugee Convention

Ratio Decidendi

The Member accepted the claimant's identity and found the claimant credible; the claimant established a well‑founded fear of persecution on the ground of religion based on a PSB interrogation and objective country evidence; the claimant was not excluded under Article 1E because residence in Suriname was temporary; the state is the agent of persecution so state protection is unavailable and there is no viable internal flight alternative; therefore the claimant is a Convention refugee.

Court Disposition

Claimant found to be a Convention refugee on the basis of religion; claim accepted.

Orders

  • Claimant recognized as a Convention refugee and the refugee protection claim is allowed