2022 RLLR 94

2022 RLLR 94

The claimant was found credible; she established on the balance of probabilities that she suffered gender-based persecution by her husband, that state protection would not be reasonably forthcoming given corruption and social stigma, and that no internal flight alternative exists because the husband has the motive and means to locate her throughout Ghana; therefore she meets the definition of a Convention refugee under s.96 IRPA.

Citation
2022 RLLR 94
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 August 2022
Procedural Posture
Refugee Protection Claim (irpa Section 96) / Decision on Merits
Outcome
Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Violence Convention Refugee Membership in a Particular Social Group Gender Based Persecution State Protection +2 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Section 96) / Decision on Merits

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant's evidence is credible
  3. 3 Whether adequate state protection is available in Ghana

Ratio Decidendi

The claimant was found credible; she established on the balance of probabilities that she suffered gender-based persecution by her husband, that state protection would not be reasonably forthcoming given corruption and social stigma, and that no internal flight alternative exists because the husband has the motive and means to locate her throughout Ghana; therefore she meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant recognized as a Convention refugee under s.96 IRPA and protection granted