2023 RLLR 248

2023 RLLR 248

Claimant established identity, credible testimony of arrest, detention and torture, nexus to Convention grounds (Tamil race and imputed political opinion), corroborating country documentation showing harassment of Tamils and use of the Prevention of Terrorism Act, lack of state protection and no viable internal flight alternative; therefore he is a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 248
Parties
Claimant: Mr. XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 November 2023
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Well Founded Fear, State Protection, Internal Flight Alternative, Prevention of Terrorism Act
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Well Founded Fear State Protection Internal Flight Alternative Prevention of Terrorism Act

Case Brief

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Parties

Mr. XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimant meets definition of Convention refugee under section 96 IRPA
  2. 2 Whether claimant's fear is linked to Convention grounds (race/nationality and imputed political opinion)
  3. 3 Credibility of claimant's evidence

Ratio Decidendi

Claimant established identity, credible testimony of arrest, detention and torture, nexus to Convention grounds (Tamil race and imputed political opinion), corroborating country documentation showing harassment of Tamils and use of the Prevention of Terrorism Act, lack of state protection and no viable internal flight alternative; therefore he is a Convention refugee under section 96 IRPA.

Court Disposition

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

Orders

  • Claim accepted; claimant granted protection as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.