2022 RLLR 113

2022 RLLR 113

The claimants are Convention refugees because they credibly established a nexus to Convention grounds (membership as women and as family), proved state protection in the Bahamas is unavailable or ineffective with clear and convincing evidence, and a viable internal flight alternative is not objectively reasonable for them (unduly harsh), therefore they meet s.96 IRPA.

Citation
2022 RLLR 113
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant (sister): XXXX XXXX XXXX; Associated Claimant (daughter): XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 May 2022
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claims accepted; claimants found to be Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Violence Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associated Claimant (sister)

XXXX XXXX XXXX XXXX

Associated Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under s.96 IRPA
  2. 2 Whether nexus exists to Convention ground via membership in particular social groups (women; family)
  3. 3 Assessment of witness credibility and corroboration

Ratio Decidendi

The claimants are Convention refugees because they credibly established a nexus to Convention grounds (membership as women and as family), proved state protection in the Bahamas is unavailable or ineffective with clear and convincing evidence, and a viable internal flight alternative is not objectively reasonable for them (unduly harsh), therefore they meet s.96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act

Orders

  • Grant refugee protection and accept the claims of the three claimants
  • Recognize claimants as Convention refugees pursuant to s.96 IRPA