2021 RLLR 92

2021 RLLR 92

The Panel held that, on the balance of probabilities, the principal and associate claimants are Yemeni citizens (their Turkish passports were improperly obtained and do not confer Turkish citizenship), they face a serious possibility of persecution in Yemen because of an imputed political opinion, state protection is unavailable or ineffective and there is no viable internal flight alternative; therefore they are Convention refugees under s.96 IRPA. The minor claimant's claim was rejected because he does not face a serious possibility of persecution or risk under s.96 or s.97(1) IRPA if returned to the United States.

Citation
2021 RLLR 92
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 January 2021
Procedural Posture
Refugee Protection (irpa S.96/97) / Decision (refugee Protection Division Hearing)
Outcome
Principal and associate claimants accepted as Convention refugees; minor claimant denied refugee protection.
Legal Topics
Convention Refugee, Imputed Political Opinion, State Protection, Internal Flight Alternative, Citizenship Determination, Credibility
Source Language
English
Immigration Refugee Law Nationality Law Human Rights Convention Refugee Imputed Political Opinion State Protection Internal Flight Alternative +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 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa S.96/97) / Decision (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether the principal and associate claimants are Turkish citizens based on Turkish passports
  2. 2 Whether the principal and associate claimants face a serious possibility of persecution in Yemen because of an imputed political opinion
  3. 3 Whether state protection in Yemen is available or effective

Ratio Decidendi

The Panel held that, on the balance of probabilities, the principal and associate claimants are Yemeni citizens (their Turkish passports were improperly obtained and do not confer Turkish citizenship), they face a serious possibility of persecution in Yemen because of an imputed political opinion, state protection is unavailable or ineffective and there is no viable internal flight alternative; therefore they are Convention refugees under s.96 IRPA. The minor claimant's claim was rejected because he does not face a serious possibility of persecution or risk under s.96 or s.97(1) IRPA if returned to the United States.

Court Disposition

Principal and associate claimants accepted as Convention refugees; minor claimant denied refugee protection.