2023 RLLR 220

2023 RLLR 220

The claimant was found credible; his fear is connected to Convention grounds (Tamil ethnicity and imputed political opinion); objective country documentation corroborates risk and systemic abuses by security forces; state protection is not adequate or available and internal relocation within Sri Lanka is not viable; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
2023 RLLR 220
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 December 2023
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Well Founded Fear, State Protection, Imputed Political Opinion, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Well Founded Fear State Protection Imputed Political Opinion Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under section 96 of the IRPA
  2. 2 Credibility of the claimant's testimony and documentary evidence
  3. 3 Whether the claimant's fear has nexus to a Convention ground (ethnicity and imputed political opinion)

Ratio Decidendi

The claimant was found credible; his fear is connected to Convention grounds (Tamil ethnicity and imputed political opinion); objective country documentation corroborates risk and systemic abuses by security forces; state protection is not adequate or available and internal relocation within Sri Lanka is not viable; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claimant accepted as a Convention refugee by the Refugee Protection Division