2023 RLLR 67

2023 RLLR 67

On the balance of probabilities the claimant established identity, credible evidence of past and continuing risk linked to her Tamil ethnicity, imputed political opinion and membership in the particular social group of Sri Lankan Tamil widowed women; objective country evidence corroborates risk, state protection is inadequate and no internal flight alternative exists, therefore she is a Convention refugee under section 96 of the IRPA.

Citation
2023 RLLR 67
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 December 2023
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Membership in a Particular Social Group
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Gender Based Persecution State Protection Internal Flight Alternative Credibility Assessment +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Identity
  2. 2 Nexus to Convention grounds (ethnicity, imputed political opinion, particular social group)
  3. 3 Credibility of claimant

Ratio Decidendi

On the balance of probabilities the claimant established identity, credible evidence of past and continuing risk linked to her Tamil ethnicity, imputed political opinion and membership in the particular social group of Sri Lankan Tamil widowed women; objective country evidence corroborates risk, state protection is inadequate and no internal flight alternative exists, therefore she is a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant granted refugee protection (Convention refugee) under section 96 of the IRPA
  • Record of decision dated December 11, 2023 signed by Luljeta Caraoshi