2023 RLLR 122

2023 RLLR 122

The Panel accepted the claimant’s testimony as credible, found both subjective fear and objective evidence of persecution of Christians by Jamaat‑e‑Islami and allied groups, found the state unable or unwilling to protect the claimant on the required standard, and determined that no internal flight alternative existed; accordingly the claimant meets the definition of a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 122
Parties
Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 December 2023
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision on Claim by Refugee Protection Division
Outcome
Claim allowed; Claimant found to be a Convention refugee under section 96 of the IRPA.
Legal Topics
Convention Refugee, Credibility, State Protection, Internal Flight Alternative, Religious Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility State Protection Internal Flight Alternative Religious Persecution

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Parties

XXXXX

Claimant

Procedural Posture

Refugee Protection (convention Refugee Claim) / Decision on Claim by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Nexus to religion as Convention ground
  3. 3 Existence of objective risk of persecution

Ratio Decidendi

The Panel accepted the claimant’s testimony as credible, found both subjective fear and objective evidence of persecution of Christians by Jamaat‑e‑Islami and allied groups, found the state unable or unwilling to protect the claimant on the required standard, and determined that no internal flight alternative existed; accordingly the claimant meets the definition of a Convention refugee under section 96 IRPA.

Court Disposition

Claim allowed; Claimant found to be a Convention refugee under section 96 of the IRPA.

Orders

  • Claimant recognized as a Convention refugee under section 96 of the IRPA