2023 RLLR 151

2023 RLLR 151

The Member accepted the claimant's credible evidence that she is a Democratic Party member known to Chinese authorities, that her mother was targeted and died after PSB interrogation, and that state protection and an internal flight alternative are unavailable; accordingly both claimants face a real risk of persecution on account of political opinion and family membership and are Convention refugees.

Citation
2023 RLLR 151
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 February 2023
Procedural Posture
Refugee Protection Claim / Decision (rendered From the Bench)
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Political Opinion, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Persecution
Source Language
English
Refugee Law Immigration Human Rights Convention Refugee Political Opinion Particular Social Group State Protection Internal Flight Alternative +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (rendered From the Bench)

Legal Issues

  1. 1 Nexus to Convention grounds (political opinion and membership of a particular social group)
  2. 2 Credibility of claimant testimony and documentary evidence
  3. 3 Availability of state protection

Ratio Decidendi

The Member accepted the claimant's credible evidence that she is a Democratic Party member known to Chinese authorities, that her mother was targeted and died after PSB interrogation, and that state protection and an internal flight alternative are unavailable; accordingly both claimants face a real risk of persecution on account of political opinion and family membership and are Convention refugees.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Claimants granted refugee protection; claims accepted by the Refugee Protection Division