2022 RLLR 81

2022 RLLR 81

The member accepted the claimant as credible and corroborated, found a nexus between the feared harm and Convention grounds (imputed political opinion and religion), concluded that state protection in India is inadequately available to the claimant on clear and convincing evidence, found no viable internal flight...

Source-derived case information.

Citation
2022 RLLR 81
Parties
Claimant: XXXX XXXX XXXX XXXX; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 March 2022
Procedural Posture
Convention Refugee Claim (refugee Protection) / Decision (refugee Protection Division Hearing)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility and Corroboration
Source Language
english
Immigration Law Refugee Law Human Rights Administrative Law Convention Refugee Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Convention Refugee Claim (refugee Protection) / Decision (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether claimant meets definition of Convention refugee
  2. 2 Whether feared harm is linked to a Convention ground (imputed political opinion and religion)
  3. 3 Whether state protection in India is adequate

Ratio Decidendi

The member accepted the claimant as credible and corroborated, found a nexus between the feared harm and Convention grounds (imputed political opinion and religion), concluded that state protection in India is inadequately available to the claimant on clear and convincing evidence, found no viable internal flight alternative, and therefore determined the claimant is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant recognized as a Convention refugee.