2023 RLLR 178

2023 RLLR 178

Claimant's credible evidence of targeted threats and assaults by a named non‑state armed group, combined with objective country information showing systemic discrimination against Afro‑Colombians and ineffective state protection, and the unreasonableness of internal relocation, establish a well‑founded fear of persecution for reasons including political opinion and membership of particular social groups; claimant is a Convention refugee under s.96 IRPA.

Citation
2023 RLLR 178
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Protection Claim (irpa S.96 Determination) / Final Decision by Refugee Protection Division
Outcome
Claim allowed; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion Nexus, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Intersectionality (gender and Race), Non State Armed Actors, Sexual Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion Nexus Particular Social Group State Protection Internal Flight Alternative +4 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa S.96 Determination) / Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under section 96 IRPA
  2. 2 Whether nexus exists to a Convention ground (political opinion and particular social group)
  3. 3 Credibility of the claimant's testimony and corroboration

Ratio Decidendi

Claimant's credible evidence of targeted threats and assaults by a named non‑state armed group, combined with objective country information showing systemic discrimination against Afro‑Colombians and ineffective state protection, and the unreasonableness of internal relocation, establish a well‑founded fear of persecution for reasons including political opinion and membership of particular social groups; claimant is a Convention refugee under s.96 IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimant recognized as a Convention refugee pursuant to section 96 IRPA