2021 RLLR 38

2021 RLLR 38

On the evidence the claimants established on a balance of probabilities that they are members of a particular social group (family ties with XXXX), have an objectively well‑founded fear of persecution by state agents (police) including sexual assault, state protection is unavailable, and relocation to proposed IFAs would be unduly harsh given the principal claimant's status as a separated single woman with no support and a dependent minor; therefore they meet the definition of Convention refugees under section 96 IRPA.

Citation
2021 RLLR 38
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 December 2021
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Decision (merits Determination)
Outcome
Claim accepted; claimants found to be Convention refugees pursuant to section 96 of the IRPA
Legal Topics
Convention Refugee, Particular Social Group, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group Gender Based Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Decision (merits Determination)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 IRPA based on membership of a particular social group (family ties)
  2. 2 Whether the claimants have a well-founded fear of persecution
  3. 3 Whether state protection is available or can be rebutted

Ratio Decidendi

On the evidence the claimants established on a balance of probabilities that they are members of a particular social group (family ties with XXXX), have an objectively well‑founded fear of persecution by state agents (police) including sexual assault, state protection is unavailable, and relocation to proposed IFAs would be unduly harsh given the principal claimant's status as a separated single woman with no support and a dependent minor; therefore they meet the definition of Convention refugees under section 96 IRPA.

Court Disposition

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

Orders

  • Refugee claim accepted and claimants recognized as Convention refugees pursuant to section 96 IRPA