2022 RLLR 8

2022 RLLR 8

The claimants are Convention refugees because the principal claimant and her daughter belong to the particular social group of women and girls who are victims of domestic and family violence; the principal claimant’s credible, corroborated evidence establishes a real risk of continued persecution by the ex-partner;...

Source-derived case information.

Citation
2022 RLLR 8
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 August 2022
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision (oral)
Outcome
Claims allowed; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Domestic and Family Violence, State Protection, Internal Flight Alternative, Credibility
Source Language
english
Immigration Law Refugee Law Human Rights Gender Based Violence Convention Refugee Membership of a Particular Social Group Domestic and Family Violence State Protection +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimants are members of a particular social group (women and girls who are victims of domestic and family violence)
  3. 3 Whether the state can provide operationally effective protection

Ratio Decidendi

The claimants are Convention refugees because the principal claimant and her daughter belong to the particular social group of women and girls who are victims of domestic and family violence; the principal claimant’s credible, corroborated evidence establishes a real risk of continued persecution by the ex-partner; state protection in Colombia is operationally ineffective and the internal flight alternative is not reasonable, therefore refugee protection is warranted.

Court Disposition

Claims allowed; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimants granted refugee protection as Convention refugees