2022 RLLR 102

2022 RLLR 102

Claimant is a Convention refugee because the panel accepted his credible testimony, found a nexus between the death sentence imposed by a Khap Panchayat and membership of a particular social group (Jat caste), established an objective risk of honour killing supported by country documentation, found state protection inadequate, and concluded no reasonable internal flight alternative existed.

Citation
2022 RLLR 102
Parties
Claimant: XXXX; Tribunal: Refugee Protection Division (Panel: A. Hwang)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 February 2022
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (rpd Reasons for Decision)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Particular Social Group, Honour Killing, Khap Panchayat, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group Honour Killing Khap Panchayat State Protection +2 more

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Parties

XXXX

Claimant

Refugee Protection Division (Panel: A. Hwang)

Tribunal

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (rpd Reasons for Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Nexus between feared harm and a Convention ground
  3. 3 Credibility of the claimant

Ratio Decidendi

Claimant is a Convention refugee because the panel accepted his credible testimony, found a nexus between the death sentence imposed by a Khap Panchayat and membership of a particular social group (Jat caste), established an objective risk of honour killing supported by country documentation, found state protection inadequate, and concluded no reasonable internal flight alternative existed.

Court Disposition

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

Orders

  • Claim accepted; claimant determined to be a Convention refugee pursuant to section 96 of IRPA