2023 RLLR 207

2023 RLLR 207

On the totality of credible testimonial and documentary evidence the claimants were shown, on a balance of probabilities, to have been targeted by the Pakistani Taliban and accused of blasphemy, with nexus to imputed political opinion, religion and membership in a particular social group; state protection is unavailable and internal relocation is not reasonable, therefore the claimants are Convention refugees under section 96 IRPA.

Citation
2023 RLLR 207
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 December 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, Internal Flight Alternative, State Protection, Blasphemy
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Persecution Internal Flight Alternative State Protection Blasphemy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants fear persecution by the Tehrik-i-Taliban and societal actors in Pakistan
  2. 2 Whether the fear has nexus to Convention grounds (imputed political opinion, religion, membership in a particular social group)
  3. 3 Whether state protection in Pakistan is available and effective

Ratio Decidendi

On the totality of credible testimonial and documentary evidence the claimants were shown, on a balance of probabilities, to have been targeted by the Pakistani Taliban and accused of blasphemy, with nexus to imputed political opinion, religion and membership in a particular social group; state protection is unavailable and internal relocation is not reasonable, therefore the claimants are Convention refugees under section 96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Both refugee claims accepted pursuant to section 96 IRPA