2021 RLLR 96

2021 RLLR 96

The claimant's credible, corroborated testimony established nexus to an imputed political opinion and an objective basis for fearing persecution by Sri Lankan authorities; state protection was unavailable and no internal flight alternative existed, therefore the claimant meets the s.96 test and is a Convention refugee.

Citation
2021 RLLR 96
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 September 2021
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Decision at the Refugee Protection Division (determination)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Imputed Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions Evidence, Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Imputed Political Opinion State Protection Internal Flight Alternative Credibility Assessment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Decision at the Refugee Protection Division (determination)

Legal Issues

  1. 1 Whether there is nexus between feared harms and an imputed political opinion in support of the LTTE
  2. 2 Whether the claimant's testimony and documentary evidence are credible and establish a serious possibility of persecution under s.96 IRPA
  3. 3 Whether state protection is available or the presumption of state protection is rebutted

Ratio Decidendi

The claimant's credible, corroborated testimony established nexus to an imputed political opinion and an objective basis for fearing persecution by Sri Lankan authorities; state protection was unavailable and no internal flight alternative existed, therefore the claimant meets the s.96 test and is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim allowed; claimant recognized as a Convention refugee.