2022 RLLR 85
The claimants' credible testimony, corroborated by documentary country evidence, established nexus to protected grounds (race and the particular social groups of women and family), demonstrated that state protection is inadequate and that no reasonable internal flight alternative exists; therefore the claimants meet the definition of Convention refugees under ss.96 and 97.1 IRPA.
- Citation
- 2022 RLLR 85
- Parties
- Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX
- Court
- Royal Canadian Mounted Police Labour Relations
- Jurisdiction
- Canada
- Judgment Date
- 27 May 2022
- Procedural Posture
- Refugee Protection Convention Refugee Determination Under IRPA / Decision Determination (refugee Protection Division)
- Outcome
- Claimants found to be Convention refugees; claims accepted
- Legal Topics
- Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Interracial Marriage, Sexual and Gender Based Violence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Claimant
XXXX XXXX XXXX
Claimant
Procedural Posture
Refugee Protection Convention Refugee Determination Under IRPA / Decision Determination (refugee Protection Division)
Legal Issues
- 1 Whether claimants qualify as Convention refugees
- 2 Whether nexus exists between feared harm and protected grounds (race and particular social groups: women and family)
- 3 Whether adequate state protection is available
Ratio Decidendi
The claimants' credible testimony, corroborated by documentary country evidence, established nexus to protected grounds (race and the particular social groups of women and family), demonstrated that state protection is inadequate and that no reasonable internal flight alternative exists; therefore the claimants meet the definition of Convention refugees under ss.96 and 97.1 IRPA.
Court Disposition
Claimants found to be Convention refugees; claims accepted
Orders
- Claims accepted and claimants recognized as Convention refugees
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