2022 RLLR 3

2022 RLLR 3

The principal claimant, his spouse and the male minor are Convention refugees because they established a serious possibility of persecution by the Taliban on account of political opinion and membership in a particular social group (association with the former Afghan government and work with international actors);...

Source-derived case information.

Citation
2022 RLLR 3
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant (spouse): XXXX XXXX XXXX; Minor Claimant (male): XXXX XXXX; Minor Claimant (female, Dual Citizen Usa): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 January 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination by Refugee Protection Division (merits Decision)
Outcome
Accept claims of principal claimant, associate claimant and male minor as Convention refugees; reject claim of female minor (US citizen)
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Gender Based Persecution, Particular Social Group, Political Opinion, Dual Nationality Requirement
Source Language
english
Immigration and Refugee Law Human Rights Administrative Law Convention Refugee Well Founded Fear of Persecution State Protection Internal Flight Alternative Gender Based Persecution +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant (spouse)

XXXX XXXX

Minor Claimant (male)

XXXX XXXX

Minor Claimant (female, Dual Citizen Usa)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination by Refugee Protection Division (merits Decision)

Legal Issues

  1. 1 Whether claimants face a well-founded fear of persecution by the Taliban on account of political opinion and/or membership in a particular social group due to prior employment with the former Afghan government and contact with US authorities
  2. 2 Whether female claimants face gender-based persecution amounting to persecution under a Convention ground
  3. 3 Whether state protection in Afghanistan is available and whether an internal flight alternative exists

Ratio Decidendi

The principal claimant, his spouse and the male minor are Convention refugees because they established a serious possibility of persecution by the Taliban on account of political opinion and membership in a particular social group (association with the former Afghan government and work with international actors); state protection and internal flight alternatives in Afghanistan are unavailable. The female minor’s claim fails because she is a US citizen and no claim or evidence was advanced to establish a risk of persecution in the United States.

Court Disposition

Accept claims of principal claimant, associate claimant and male minor as Convention refugees; reject claim of female minor (US citizen)

Orders

  • Accept claims of principal claimant, associate claimant and male minor as Convention refugees pursuant to s.96 of the IRPA
  • Reject claim of female minor; not a Convention refugee pursuant to s.96 and not a person in need of protection pursuant to s.97 of the IRPA