2022 RLLR 84

2022 RLLR 84

The claimant's credible, corroborated testimony established membership and activity with the HDP, two police detentions with violence and threats, and a nexus to political opinion; objective country documentation demonstrates systemic targeting of HDP members and Kurds and lack of effective state protection; no viable internal flight alternative exists; therefore the claimant meets the s.96 Convention refugee standard.

Citation
2022 RLLR 84
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 June 2022
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision on Claim
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Persecution State Protection Internal Flight Alternative +1 more

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Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision on Claim

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether there is a nexus between the claimant's suffering and political opinion
  3. 3 Assessment of claimant credibility and corroboration

Ratio Decidendi

The claimant's credible, corroborated testimony established membership and activity with the HDP, two police detentions with violence and threats, and a nexus to political opinion; objective country documentation demonstrates systemic targeting of HDP members and Kurds and lack of effective state protection; no viable internal flight alternative exists; therefore the claimant meets the s.96 Convention refugee standard.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Grant of Convention refugee protection under section 96