2022 RLLR 98

2022 RLLR 98

Claimant's identity and political activity supporting SAD/pro‑Khalistan were established on the balance of probabilities; credible and corroborated evidence and objective country information demonstrate that supporters of Khalistan face persecution by authorities and political opponents in India; state protection is...

Source-derived case information.

Citation
2022 RLLR 98
Parties
Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 May 2022
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion, Internal Flight Alternative, State Protection, Credibility, Article 1 E Exclusion
Source Language
english
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Internal Flight Alternative State Protection Credibility +1 more

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Parties

XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 identity and country of reference
  2. 2 Article 1E exclusion
  3. 3 nexus between harm and Convention ground (political opinion)

Ratio Decidendi

Claimant's identity and political activity supporting SAD/pro‑Khalistan were established on the balance of probabilities; credible and corroborated evidence and objective country information demonstrate that supporters of Khalistan face persecution by authorities and political opponents in India; state protection is unavailable given police involvement; no viable internal flight alternative exists; therefore the claimant has a well‑founded fear of persecution and is a Convention refugee under s.96 IRPA.

Court Disposition

Claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimant's refugee claim is accepted and claimant is recognized as a Convention refugee under s.96 IRPA