2021 RLLR 82

2021 RLLR 82

The panel accepted the claimants as Convention refugees because the principal claimant credibly established an imputed anti-government political opinion and related police persecution, his Tigrayan ethnicity increases his risk, state protection is unavailable, and there is no viable internal flight alternative; the...

Source-derived case information.

Citation
2021 RLLR 82
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX; Minor Claimant (female): XXXX XXXX XXXX XXXX; Minor Claimant (male): XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 November 2021
Procedural Posture
Refugee Protection Claim / Determination by Refugee Protection Division
Outcome
Claims accepted; claimants found to be Convention refugees pursuant to section 96 of the IRPA
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Political Opinion, Ethnicity (tigrayan)
Source Language
english
Immigration Law Refugee Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX

Minor Claimant (female)

XXXX XXXX XXXX

Minor Claimant (male)

Procedural Posture

Refugee Protection Claim / Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether the principal claimant was persecuted or faces a risk due to imputed political opinion
  3. 3 Whether the principal claimant's Tigrayan ethnicity augments risk

Ratio Decidendi

The panel accepted the claimants as Convention refugees because the principal claimant credibly established an imputed anti-government political opinion and related police persecution, his Tigrayan ethnicity increases his risk, state protection is unavailable, and there is no viable internal flight alternative; the family members consequently face a serious possibility of persecution as members of his family.

Court Disposition

Claims accepted; claimants found to be Convention refugees pursuant to section 96 of the IRPA

Orders

  • Claimants' refugee protection claims allowed; designation as Convention refugees confirmed