2022 RLLR 109

2022 RLLR 109

The Tribunal accepted the claimant's credible testimony of multiple unlawful detentions, torture and ongoing police interest, found a nexus to an imputed political belief and to association, concluded state protection was unavailable because the police were the agents of persecution, and found no viable internal flight alternative due to likely inclusion in multi‑state police databases and tenant verification systems; therefore the claimants are Convention refugees under s.96 IRPA.

Citation
2022 RLLR 109
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 April 2022
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act S.96 (convention Refugee) / Final Decision by Refugee Protection Division
Outcome
Claims allowed; claimants found to be Convention refugees and persons in need of protection under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, Imputed Political Opinion, State Protection, Internal Flight Alternative, Credibility, Torture, Sexual Assault, Police Misconduct, Database/tenant Verification
Source Language
English
Immigration Refugee Law Criminal Law Human Rights Convention Refugee Persecution Imputed Political Opinion State Protection +6 more

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Parties

XXXX

Principal Claimant

XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act S.96 (convention Refugee) / Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant testimony
  2. 2 Nexus to a Convention ground (imputed political belief and association)
  3. 3 Availability of state protection

Ratio Decidendi

The Tribunal accepted the claimant's credible testimony of multiple unlawful detentions, torture and ongoing police interest, found a nexus to an imputed political belief and to association, concluded state protection was unavailable because the police were the agents of persecution, and found no viable internal flight alternative due to likely inclusion in multi‑state police databases and tenant verification systems; therefore the claimants are Convention refugees under s.96 IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees and persons in need of protection under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claims allowed; claimants granted protection under section 96 IRPA