2023 RLLR 259

2023 RLLR 259

Claimant established on a balance of probabilities a well-founded fear of persecution: (1) in China due to imputed political opinion as an ethnic Kyrgyz who studied abroad and failed to return, evidenced by past detention, threats, family contact by authorities and systemic mass detention of minorities; (2) in Kyrgyzstan due to his Chinese nationality and credible risk of serious discrimination and potential cooperation with Chinese actors; state protection and internal flight alternatives were not reasonably available; therefore claimant is a Convention refugee under s.96 IRPA.

Citation
2023 RLLR 259
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act; claim accepted.
Legal Topics
Convention Refugee, Imputed Political Opinion, Nationality, State Protection, Internal Flight Alternative, Credibility, Dual Citizenship, Ethnic Persecution, Discrimination, Extradition
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Imputed Political Opinion Nationality State Protection Internal Flight Alternative +5 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimant has well-founded fear of persecution in China based on imputed political opinion
  2. 2 Whether claimant has well-founded fear of persecution in Kyrgyzstan based on nationality and membership of a particular social group
  3. 3 Whether state protection in China or Kyrgyzstan is reasonably available

Ratio Decidendi

Claimant established on a balance of probabilities a well-founded fear of persecution: (1) in China due to imputed political opinion as an ethnic Kyrgyz who studied abroad and failed to return, evidenced by past detention, threats, family contact by authorities and systemic mass detention of minorities; (2) in Kyrgyzstan due to his Chinese nationality and credible risk of serious discrimination and potential cooperation with Chinese actors; state protection and internal flight alternatives were not reasonably available; therefore claimant is a Convention refugee under s.96 IRPA.

Court Disposition

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

Orders

  • Claim accepted and refugee protection granted under section 96 of the IRPA