2022 RLLR 95

2022 RLLR 95

The principal claimant was found to be a Convention refugee because her credible, corroborated testimony combined with objective country documentation established a nexus to Convention grounds (political opinion and gender), a well-founded fear of persecution, lack of state protection and no viable internal flight alternative; the minor claimant's claim failed because she is a US citizen and the evidence did not establish a forward-facing risk of persecution, risk to life, torture or cruel and unusual treatment on return to the USA.

Citation
2022 RLLR 95
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 February 2022
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97.1 / Hearing and Decision (refugee Protection Division)
Outcome
Principal claimant accepted as a Convention refugee; minor claimant rejected.
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Internal Flight Alternative, Gender Based Persecution, Child Claimant
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Well Founded Fear of Persecution Internal Flight Alternative Gender Based Persecution Child Claimant

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97.1 / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee based on political opinion and gender under s.96 IRPA
  2. 2 Whether the minor claimant faces a serious possibility of persecution or risk under ss.96 and 97.1 IRPA if returned to the United States
  3. 3 Whether state protection in Sudan is available or adequate

Ratio Decidendi

The principal claimant was found to be a Convention refugee because her credible, corroborated testimony combined with objective country documentation established a nexus to Convention grounds (political opinion and gender), a well-founded fear of persecution, lack of state protection and no viable internal flight alternative; the minor claimant's claim failed because she is a US citizen and the evidence did not establish a forward-facing risk of persecution, risk to life, torture or cruel and unusual treatment on return to the USA.

Court Disposition

Principal claimant accepted as a Convention refugee; minor claimant rejected.

Orders

  • Principal claimant found to be a Convention refugee under section 96 of the IRPA; claim accepted.
  • Minor claimant's claim rejected under sections 96 and 97 (including 97.1) of the IRPA.