2023 RLLR 254

2023 RLLR 254

Claimants credibly established nexus to political opinion and to a particular social group (kinship to a dissident father), provided corroborative evidence including the father's death and credible country reports showing systemic state persecution and lack of protection, and demonstrated that no safe internal relocation exists; therefore they meet the Convention refugee definition and the claims are accepted.

Citation
2023 RLLR 254
Parties
Claimant (designated Representative for Minors): Younger brother; Claimant: Older brother; Claimant: Female claimant (wife); Minor Claimant: Minor child 1
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 November 2023
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of Refugee Protection Division
Outcome
Claims accepted; each claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Political Opinion, Particular Social Group, Well‑founded Fear, State Protection, Internal Flight Alternative, Credibility, Nexus
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion Particular Social Group Well‑founded Fear State Protection +3 more

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Parties

Younger brother

Claimant (designated Representative for Minors)

Older brother

Claimant

Female claimant (wife)

Claimant

Minor child 1

Minor Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Whether claims have nexus to political opinion and particular social group (kinship)
  3. 3 Credibility of claimants' testimony and documents

Ratio Decidendi

Claimants credibly established nexus to political opinion and to a particular social group (kinship to a dissident father), provided corroborative evidence including the father's death and credible country reports showing systemic state persecution and lack of protection, and demonstrated that no safe internal relocation exists; therefore they meet the Convention refugee definition and the claims are accepted.

Court Disposition

Claims accepted; each claimant found to be a Convention refugee

Orders

  • Each claimant is recognized as a Convention refugee and the claims are accepted by the Refugee Protection Division