2022 RLLR 107

2022 RLLR 107

The panel accepted the claimants' credible testimony and corroborating documents, found they belong to particular social groups (a woman perceived to have brought dishonour and her family members), found objective country evidence of honour killings and unwilling/corrupt police, found no viable internal flight alternative, and found exclusion under s.1F(b) inapplicable; therefore the claimants face a serious possibility of persecution and are Convention refugees.

Citation
2022 RLLR 107
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX; Minor Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 September 2022
Procedural Posture
Refugee Claim Convention Refugee Determination / Decision of the Refugee Protection Division
Outcome
Claimants accepted as Convention refugees
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Gender Based Violence, Honour Killings, State Protection, Internal Flight Alternative, Exclusion 1 F(b)
Source Language
English
Immigration and Refugee Law Criminal Law Human Rights Convention Refugee Well Founded Fear of Persecution Gender Based Violence Honour Killings State Protection +2 more

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Parties

XXXX

Principal Claimant

XXXX

Associate Claimant

XXXX

Minor Claimant

Procedural Posture

Refugee Claim Convention Refugee Determination / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees under IRPA
  2. 2 Whether the principal claimant is excluded under s.1F(b) for polygamy/bigamy
  3. 3 Whether the state would provide protection in Pakistan

Ratio Decidendi

The panel accepted the claimants' credible testimony and corroborating documents, found they belong to particular social groups (a woman perceived to have brought dishonour and her family members), found objective country evidence of honour killings and unwilling/corrupt police, found no viable internal flight alternative, and found exclusion under s.1F(b) inapplicable; therefore the claimants face a serious possibility of persecution and are Convention refugees.

Court Disposition

Claimants accepted as Convention refugees

Orders

  • Claims accepted; principal, associate and minor claimants found to be Convention refugees under subsection 96 of the IRPA
  • Principal claimant not excluded under s.1F(b)