2023 RLLR 245

2023 RLLR 245

The claimants are Convention refugees under section 96 of IRPA because the PC has a well-founded fear of persecution in Peru for his political opinion, the harm feared is linked to Convention grounds (political opinion and family membership), the Peruvian state is unable or unwilling to protect them, and there is no viable internal flight alternative in Peru.

Citation
2023 RLLR 245
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 November 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (merits)
Outcome
Claim allowed; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Credibility, Delay in Claiming
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (merits)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether harm feared by claimants is linked to a Convention ground (political opinion and family membership)
  3. 3 Whether effective state protection in Peru is available

Ratio Decidendi

The claimants are Convention refugees under section 96 of IRPA because the PC has a well-founded fear of persecution in Peru for his political opinion, the harm feared is linked to Convention grounds (political opinion and family membership), the Peruvian state is unable or unwilling to protect them, and there is no viable internal flight alternative in Peru.

Court Disposition

Claim allowed; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimants recognized as Convention refugees pursuant to section 96 IRPA