2023 RLLR 72

2023 RLLR 72

The claimant's credible, consistent testimony was corroborated by documentary evidence and credible country information showing Hamas targets perceived opponents; given the lack of effective state protection in Gaza and absence of a viable internal flight alternative, the claimant established on the balance of...

Source-derived case information.

Citation
2023 RLLR 72
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
3 November 2023
Procedural Posture
Refugee Protection Claim / Decision (oral Reasons Given; Written Reasons to Follow)
Outcome
Claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Imputed Political Opinion, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
english
Immigration Law Refugee Law Statelessness Convention Refugee Imputed Political Opinion Credibility Assessment State Protection Internal Flight Alternative

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (oral Reasons Given; Written Reasons to Follow)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under section 96 IRPA
  2. 2 Credibility of the claimant's testimony
  3. 3 Whether persecution is linked to a Convention ground (imputed political opinion)

Ratio Decidendi

The claimant's credible, consistent testimony was corroborated by documentary evidence and credible country information showing Hamas targets perceived opponents; given the lack of effective state protection in Gaza and absence of a viable internal flight alternative, the claimant established on the balance of probabilities that he would face persecution on the ground of imputed political opinion and therefore meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimant recognized as a Convention refugee under s.96 IRPA
  • Written reasons to be provided to claimant and counsel