2023 RLLR 125

2023 RLLR 125

The claimant, found credible, established membership in a particular social group (a woman at risk) and demonstrated that internal flight alternatives would be unduly harsh given her personal profile and country conditions for single women and that state protection in India is ineffective; therefore she meets the definition of a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 125
Parties
Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 December 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division
Outcome
Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Particular Social Group, Internal Flight Alternative, State Protection, Credibility Assessment, Gender Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Gender Based Violence Convention Refugee Particular Social Group Internal Flight Alternative +3 more

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Parties

XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a member of a particular social group (woman at risk)
  3. 3 Whether an internal flight alternative (IFA) within India is available and reasonable

Ratio Decidendi

The claimant, found credible, established membership in a particular social group (a woman at risk) and demonstrated that internal flight alternatives would be unduly harsh given her personal profile and country conditions for single women and that state protection in India is ineffective; therefore she meets the definition of a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.