2022 RLLR 96

2022 RLLR 96

The Member accepted the claimants' credibility and documentary evidence, found a nexus between the principal claimant's activism (imputed political opinion) and the threats/attacks, found associate claimants persecuted by virtue of family membership, and concluded there is an objective risk coupled with no effective state protection or viable internal flight alternative; therefore all claimants are Convention refugees under ss.96 and 97(1) IRPA.

Citation
2022 RLLR 96
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 May 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (merits Determination by the Refugee Protection Division)
Outcome
Claims for refugee protection accepted; all claimants found to be Convention refugees
Legal Topics
Convention Refugee, Imputed Political Opinion, Particular Social Group (family), State Protection, Internal Flight Alternative, Credibility Assessment, Nexus
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Imputed Political Opinion Particular Social Group (family) State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (merits Determination by the Refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the principal claimant has a nexus to a Convention ground by imputed political opinion
  3. 3 Whether the associate claimants are members of a particular social group by virtue of family relation

Ratio Decidendi

The Member accepted the claimants' credibility and documentary evidence, found a nexus between the principal claimant's activism (imputed political opinion) and the threats/attacks, found associate claimants persecuted by virtue of family membership, and concluded there is an objective risk coupled with no effective state protection or viable internal flight alternative; therefore all claimants are Convention refugees under ss.96 and 97(1) IRPA.

Court Disposition

Claims for refugee protection accepted; all claimants found to be Convention refugees

Orders

  • Claims for refugee protection accepted; claimants found to be Convention refugees.