2023 RLLR 20

2023 RLLR 20

Claimant found credible; she established nexus to a particular social group (single/separated woman subject to gender‑based violence); objective country evidence demonstrates pervasive feminicide, impunity and police corruption; state protection is not available and an internal flight alternative is not viable; therefore on balance of probabilities she faces a serious possibility of persecution and is a Convention refugee.

Citation
2023 RLLR 20
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 December 2023
Procedural Posture
Refugee Protection / Decision Refugee Protection Division
Outcome
Claimant found to be a Convention refugee; claim accepted.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Feminicide, Domestic Violence, Credibility
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Particular Social Group State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under sections 96 and 97(1) of the IRPA
  2. 2 Whether there is nexus to a Convention ground (membership of a particular social group)
  3. 3 Credibility of the claimant's testimony and documentary evidence

Ratio Decidendi

Claimant found credible; she established nexus to a particular social group (single/separated woman subject to gender‑based violence); objective country evidence demonstrates pervasive feminicide, impunity and police corruption; state protection is not available and an internal flight alternative is not viable; therefore on balance of probabilities she faces a serious possibility of persecution and is a Convention refugee.

Court Disposition

Claimant found to be a Convention refugee; claim accepted.

Orders

  • Claimant's refugee claim accepted and Convention refugee protection granted