2021 RLLR 83

2021 RLLR 83

On the evidence the claimants established a nexus to a Convention ground (political opinion), credible and corroborated testimony of past persecution and a well-founded fear of future persecution, and they rebutted the presumption of state protection; accordingly they meet the definition of Convention refugees under section 96 IRPA and the claims are accepted.

Citation
2021 RLLR 83
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 December 2021
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Merits (refugee Protection Division Hearing)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of the IRPA
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility, Objective and Subjective Fear
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Merits (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimants' testimony and documentary evidence are credible
  3. 3 Whether there is a nexus between the harm feared and a Convention ground (political opinion)

Ratio Decidendi

On the evidence the claimants established a nexus to a Convention ground (political opinion), credible and corroborated testimony of past persecution and a well-founded fear of future persecution, and they rebutted the presumption of state protection; accordingly they meet the definition of Convention refugees under section 96 IRPA and the claims are accepted.

Court Disposition

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

Orders

  • Claims for refugee protection (TC1-10905 and TC1-10920) accepted