2022 RLLR 56

2022 RLLR 56

The panel accepted the claimants' credible testimony and supporting documentary evidence, found that they had suffered past persecution and that country conditions and the State's actions create an objective risk related to imputed political opinion, and concluded state protection and internal flight were not reasonable; therefore the claimants have a serious possibility of persecution and meet the definition of Convention refugees under s.96 IRPA.

Citation
2022 RLLR 56
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 July 2022
Procedural Posture
Refugee Protection Claim Under Section 96 of the Immigration and Refugee Protection Act / Decision Following Hearing at the Refugee Protection Division
Outcome
All three claimants found to be Convention refugees and claims for protection accepted.
Legal Topics
Convention Refugee, Political Opinion, Credibility, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Political Opinion Credibility State Protection Internal Flight Alternative

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under Section 96 of the Immigration and Refugee Protection Act / Decision Following Hearing at the Refugee Protection Division

Legal Issues

  1. 1 Credibility of testimony
  2. 2 Well-founded fear of persecution on account of political opinion
  3. 3 Past persecution and objective risk assessment

Ratio Decidendi

The panel accepted the claimants' credible testimony and supporting documentary evidence, found that they had suffered past persecution and that country conditions and the State's actions create an objective risk related to imputed political opinion, and concluded state protection and internal flight were not reasonable; therefore the claimants have a serious possibility of persecution and meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

All three claimants found to be Convention refugees and claims for protection accepted.

Orders

  • Claims for protection accepted; all three claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act.