2023 RLLR 235

2023 RLLR 235

The claimant's credible testimony and corroborating documents establish a nexus to political opinion and, together with objective country evidence showing pervasive censorship, surveillance and punishment of dissent, demonstrate a well-founded fear of persecution; state protection is unavailable because the state is the persecutor and there is no viable internal flight alternative, therefore the claimant qualifies as a Convention refugee under section 96 of the Act.

Citation
2023 RLLR 235
Parties
Claimant: XXXX XXXX; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 December 2023
Procedural Posture
Refugee Protection Claim / Decision RPD Determination
Outcome
Claim allowed; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility Assessment

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Parties

XXXX XXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim / Decision RPD Determination

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the Act
  2. 2 Whether the claimant's fear is linked to political opinion (nexus)
  3. 3 Whether state protection is available in China

Ratio Decidendi

The claimant's credible testimony and corroborating documents establish a nexus to political opinion and, together with objective country evidence showing pervasive censorship, surveillance and punishment of dissent, demonstrate a well-founded fear of persecution; state protection is unavailable because the state is the persecutor and there is no viable internal flight alternative, therefore the claimant qualifies as a Convention refugee under section 96 of the Act.

Court Disposition

Claim allowed; 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 Act.