2023 RLLR 234

2023 RLLR 234

The panel accepted the claimants' credible testimony and corroborating country evidence, found nexus to Convention grounds (religion for principal; family as particular social group for minors), concluded state protection is not operationally effective and no internal flight alternative exists, and therefore determined on a balance of probabilities that the claimants have a well-founded fear of persecution and are Convention refugees.

Citation
2023 RLLR 234
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision of the Refugee Protection Division
Outcome
Claims allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Well Founded Fear, State Protection, Internal Flight Alternative, Particular Social Group, Religion / Sectarian Violence
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Well Founded Fear 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 Authorities cited 1 Party arguments 1 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether principal claimant is a Convention refugee under s.96 of the IRPA for religion (Sunni)
  2. 2 Whether the minor claimants constitute a particular social group by virtue of family membership and dependency
  3. 3 Whether state protection in Iraq is available and operationally effective

Ratio Decidendi

The panel accepted the claimants' credible testimony and corroborating country evidence, found nexus to Convention grounds (religion for principal; family as particular social group for minors), concluded state protection is not operationally effective and no internal flight alternative exists, and therefore determined on a balance of probabilities that the claimants have a well-founded fear of persecution and are Convention refugees.

Court Disposition

Claims allowed; claimants found to be Convention refugees

Orders

  • Claims accepted; the three claimants are recognized as Convention refugees