2023 RLLR 200

2023 RLLR 200

The claimant's credible and corroborated testimony established identity and nexus to an imputed political opinion due to his father's FDU membership; objective country conditions and evidence demonstrated the Rwandan state's persecution of dissidents and inability or unwillingness to provide protection, and no safe internal relocation exists, therefore on a balance of probabilities the claimant is a Convention refugee under IRPA s.96.

Citation
2023 RLLR 200
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 December 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division)
Outcome
Claimant found to be a Convention refugee; claim accepted.
Legal Topics
Convention Refugee, Imputed Political Opinion, State Protection, Internal Relocation, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Imputed Political Opinion State Protection Internal Relocation Credibility

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA s.96/97(1)
  2. 2 Credibility of claimant's testimony and corroboration
  3. 3 Nexus to a Convention ground via imputed political opinion

Ratio Decidendi

The claimant's credible and corroborated testimony established identity and nexus to an imputed political opinion due to his father's FDU membership; objective country conditions and evidence demonstrated the Rwandan state's persecution of dissidents and inability or unwillingness to provide protection, and no safe internal relocation exists, therefore on a balance of probabilities the claimant is a Convention refugee under IRPA s.96.

Court Disposition

Claimant found to be a Convention refugee; claim accepted.