2022 RLLR 135

2022 RLLR 135

The panel accepted the claimant's testimony and corroborating documents, found nexus to an imputed anti-government political opinion, found state protection and an internal flight alternative unavailable, and therefore concluded on a balance of probabilities that the claimant faces a serious possibility of...

Source-derived case information.

Citation
2022 RLLR 135
Parties
Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 May 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (determination of Convention Refugee Status)
Outcome
Claim allowed; claimant found to be a Convention refugee and claim accepted.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Nexus to Convention Ground
Source Language
english
Immigration Law Refugee Law Administrative Law Convention Refugee Persecution State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (determination of Convention Refugee Status)

Legal Issues

  1. 1 Whether the claimant faces a serious possibility of persecution on return to China
  2. 2 Whether persecution is on account of an imputed political opinion (anti-government)
  3. 3 Whether state protection is available in China

Ratio Decidendi

The panel accepted the claimant's testimony and corroborating documents, found nexus to an imputed anti-government political opinion, found state protection and an internal flight alternative unavailable, and therefore concluded on a balance of probabilities that the claimant faces a serious possibility of persecution and is a Convention refugee under IRPA s.96.

Court Disposition

Claim allowed; claimant found to be a Convention refugee and claim accepted.

Orders

  • Claim accepted; claimant found to be a Convention refugee.