2022 RLLR 124

2022 RLLR 124

The claimants were found to be Convention refugees because the principal claimant's credible testimony and corroborating documentary evidence established a serious possibility of persecution on account of membership in particular social groups (women and family members); objective country evidence showed prevalent domestic violence and ineffective state protection, and the persecutor's political connections made an internal flight alternative non-viable.

Citation
2022 RLLR 124
Parties
Claimant (principal): Ms. XXXX XXXX; Claimant (minor Child): Minor child (name redacted); Alleged Persecutor / Ex Husband: Mr. XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 February 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Reasons Issued by Refugee Protection Division
Outcome
Claim accepted; claimants recognized as Convention refugees under Section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, Domestic Violence, State Protection, Internal Flight Alternative, Credibility, Well Founded Fear
Source Language
English
Immigration Refugee Law Human Rights Family Law Gender Based Violence Convention Refugee Particular Social Group Domestic Violence +4 more

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Parties

Ms. XXXX XXXX

Claimant (principal)

Minor child (name redacted)

Claimant (minor Child)

Mr. XXXX XXXX

Alleged Persecutor / Ex Husband

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Reasons Issued by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether the nexus exists between the persecution feared and a Convention ground (particular social group)
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

The claimants were found to be Convention refugees because the principal claimant's credible testimony and corroborating documentary evidence established a serious possibility of persecution on account of membership in particular social groups (women and family members); objective country evidence showed prevalent domestic violence and ineffective state protection, and the persecutor's political connections made an internal flight alternative non-viable.

Court Disposition

Claim accepted; claimants recognized as Convention refugees under Section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; the principal claimant and her two minor children are recognized as Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act