2022 RLLR 78

2022 RLLR 78

Claimants were found credible; documentary country evidence corroborates allegations of police torture, illegal detention and sexual violence; state protection is ineffective and no viable internal flight alternative exists; therefore the principal claimant is a Convention refugee for imputed political opinion and...

Source-derived case information.

Citation
2022 RLLR 78
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 May 2022
Procedural Posture
Refugee Protection Claim / Decision (rpd)
Outcome
Claims for refugee protection accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Imputed Political Opinion, Particular Social Group, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Torture and Sexual Violence
Source Language
english
Immigration Law Refugee Law Human Rights Law Convention Refugee Imputed Political Opinion Particular Social Group Gender Based Persecution State Protection +3 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision (rpd)

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution
  2. 2 Nexus to a Convention ground (imputed political opinion; membership in family; gender)
  3. 3 Credibility of testimony given delay and prior US visa application

Ratio Decidendi

Claimants were found credible; documentary country evidence corroborates allegations of police torture, illegal detention and sexual violence; state protection is ineffective and no viable internal flight alternative exists; therefore the principal claimant is a Convention refugee for imputed political opinion and the associate claimants are Convention refugees on the basis of family membership and gender‑based persecution, satisfying s.96 of IRPA.

Court Disposition

Claims for refugee protection accepted; claimants found to be Convention refugees

Orders

  • Claims for refugee protection accepted; principal claimant found to be a Convention refugee for imputed political opinion and associate claimants found to be Convention refugees due to family membership and gender‑based persecution