2022 RLLR 99

2022 RLLR 99

Panel accepted claimants' credible testimony and objective country evidence showing police abuses, gender‑based violence, and CBI involvement; concluded there is a serious possibility of persecution based on imputed political opinion, state protection is unavailable or ineffective, internal flight alternative is not viable, and minors qualify as family members; therefore claimants are Convention refugees.

Citation
2022 RLLR 99
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX; Minor Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 January 2022
Procedural Posture
Refugee Protection Claim / Decision on Claim (hearing and Determination)
Outcome
Claims accepted; claimants determined to be Convention refugees
Legal Topics
Convention Refugee, Persecution Based on Imputed Political Opinion, State Protection, Gender Based Violence, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution Based on Imputed Political Opinion State Protection Gender Based Violence Internal Flight Alternative

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 1 Party arguments 1
Sign in to unlock

Parties

XXXX

Principal Claimant

XXXX

Associate Claimant

XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision on Claim (hearing and Determination)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution on the basis of imputed political opinion
  2. 2 Whether state protection is available and effective
  3. 3 Whether internal flight alternative is viable

Ratio Decidendi

Panel accepted claimants' credible testimony and objective country evidence showing police abuses, gender‑based violence, and CBI involvement; concluded there is a serious possibility of persecution based on imputed political opinion, state protection is unavailable or ineffective, internal flight alternative is not viable, and minors qualify as family members; therefore claimants are Convention refugees.

Court Disposition

Claims accepted; claimants determined to be Convention refugees

Orders

  • Adult Claimants determined to be Convention refugees due to imputed political opinion pursuant to s.96 of IRPA
  • Minor Claimants determined to be Convention refugees as members of the adult claimants' family