2022 RLLR 6

2022 RLLR 6

The claimant was found credible and established identity; objective country evidence and the claimant's history (threats, assistance to a fugitive daughter and state warnings) establish a real risk of persecution linked to her Amhara ethnicity and imputed political opinion; there is no effective state protection or reasonable internal flight alternative; therefore she meets the definition of a Convention refugee under s.96 of the Act.

Citation
2022 RLLR 6
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 January 2022
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Issued Following Hearing
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Gender Based Persecution, Ethnicity Based Persecution, Political Opinion (imputed), Credibility Assessment, State Protection and Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Gender Based Persecution Ethnicity Based Persecution Political Opinion (imputed) Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Issued Following Hearing

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution
  2. 2 Whether claimant's fear has a nexus to a Convention ground (political opinion, ethnicity, gender)
  3. 3 Credibility of claimant's testimony and supporting evidence

Ratio Decidendi

The claimant was found credible and established identity; objective country evidence and the claimant's history (threats, assistance to a fugitive daughter and state warnings) establish a real risk of persecution linked to her Amhara ethnicity and imputed political opinion; there is no effective state protection or reasonable internal flight alternative; therefore she meets the definition of a Convention refugee under s.96 of the Act.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act

Orders

  • Claimant granted protection as a Convention refugee under s.96 of the Act