2022 RLLR 30

2022 RLLR 30

The panel accepted the claimants' credible testimony, concluded that women (and the family member group) in Barbados constitute a particular social group, found a subjective and objectively well‑founded fear of persecution (including serious psychological harm) from the named agent, found no viable internal flight...

Source-derived case information.

Citation
2022 RLLR 30
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 November 2022
Procedural Posture
Refugee Protection Claim — Convention Refugee and Person in Need of Protection (immigration and Refugee Protection Act) / Final Decision (reasons for Decision)
Outcome
Allowed — claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, Well‑founded Fear, Internal Flight Alternative, State Protection, Exclusion (article 1 F), Child Refugee Claims
Source Language
english
Immigration Law Refugee Law Gender Based Violence Criminal Law Family Law Convention Refugee Particular Social Group Well‑founded Fear +4 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim — Convention Refugee and Person in Need of Protection (immigration and Refugee Protection Act) / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Identity and credibility of claimants
  2. 2 Whether women and family members constitute a particular social group
  3. 3 Nexus between persecution and protected ground

Ratio Decidendi

The panel accepted the claimants' credible testimony, concluded that women (and the family member group) in Barbados constitute a particular social group, found a subjective and objectively well‑founded fear of persecution (including serious psychological harm) from the named agent, found no viable internal flight alternative and inadequate state protection, and held exclusion inapplicable due to the Criminal Code s.285 defence; accordingly the claimants are Convention refugees under s.96 IRPA.

Court Disposition

Allowed — claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claims for protection allowed and claimants declared Convention refugees under s.96 IRPA.
  • No exclusion applied under Article 1F(b) due to applicability of Criminal Code s.285 defence to removal of a minor to avoid imminent harm.