2023 RLLR 120

2023 RLLR 120

The claimant's identity and credibility were established; his past detentions and abuse by Cameroonian security forces and corroborating country condition evidence establish nexus to imputed political opinion and a serious possibility of future persecution; the state is the agent of harm so protection and internal flight are not available; therefore he qualifies as a Convention refugee under s.96 of the IRPA.

Citation
2023 RLLR 120
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision Refugee Protection Division
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Convention Refugee, Imputed Political Opinion, State Protection, Internal Flight Alternative, Credibility and Identity, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Convention Refugee Imputed Political Opinion State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant's identity and credibility are established
  2. 2 Whether there is nexus between the claimant's persecution and a Convention ground
  3. 3 Whether the claimant faces a well‑founded fear of persecution if returned

Ratio Decidendi

The claimant's identity and credibility were established; his past detentions and abuse by Cameroonian security forces and corroborating country condition evidence establish nexus to imputed political opinion and a serious possibility of future persecution; the state is the agent of harm so protection and internal flight are not available; therefore he qualifies as a Convention refugee under s.96 of the IRPA.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Claim accepted; claimant declared a Convention refugee under section 96 of the Immigration and Refugee Protection Act