2022 RLLR 29

2022 RLLR 29

The claimants established a well-founded fear of persecution on the basis of membership in a particular social group (women and girls facing gender-based violence in the context of war) and imputed political opinion; Ukraine cannot provide adequate protection and no internal flight alternative exists, therefore they...

Source-derived case information.

Citation
2022 RLLR 29
Parties
Principal Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 November 2022
Procedural Posture
Refugee Protection RPD Claim / Hearing and Determination (decision)
Outcome
Claims allowed; claimants determined to be Convention refugees under section 96 IRPA.
Legal Topics
Convention Refugee, Well Founded Fear, State Protection, Internal Flight Alternative, Imputed Political Opinion, Child Claimant
Source Language
english
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Well Founded Fear State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection RPD Claim / Hearing and Determination (decision)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee under section 96 IRPA
  2. 2 Whether nexus exists to a Convention ground: membership in a particular social group (women/girls) and imputed political opinion
  3. 3 Whether state protection in Ukraine is available and adequate

Ratio Decidendi

The claimants established a well-founded fear of persecution on the basis of membership in a particular social group (women and girls facing gender-based violence in the context of war) and imputed political opinion; Ukraine cannot provide adequate protection and no internal flight alternative exists, therefore they qualify as Convention refugees under section 96 IRPA.

Court Disposition

Claims allowed; claimants determined to be Convention refugees under section 96 IRPA.

Orders

  • Claimants accepted as Convention refugees pursuant to section 96 IRPA