2023 RLLR 225

2023 RLLR 225

The Tribunal accepted the claimants' credible testimony, found a nexus to Convention grounds (honour-based violence and membership of particular social groups, imputed/actual political opinion via draft evasion and nationality), concluded state protection in Jordan and Ukraine is inadequate and that no viable internal flight alternative exists; therefore the claimants are Convention refugees under section 96 IRPA in respect of Jordan and Ukraine.

Citation
2023 RLLR 225
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 November 2023
Procedural Posture
Refugee Protection Claim / Decision Refugee Protection Division
Outcome
Claims allowed; claimants found to be Convention refugees pursuant to section 96 of the IRPA in relation to Jordan and Ukraine.
Legal Topics
Convention Refugee, Gender Based Violence, Forced Conscription, Internal Flight Alternative, State Protection, Particular Social Group, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Gender Based Violence Forced Conscription Internal Flight Alternative State Protection +2 more

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Parties

XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX

Minor Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under s.96 IRPA
  2. 2 Whether nexus exists between alleged harm and Convention grounds
  3. 3 Whether state protection in Jordan and Ukraine is available and effective

Ratio Decidendi

The Tribunal accepted the claimants' credible testimony, found a nexus to Convention grounds (honour-based violence and membership of particular social groups, imputed/actual political opinion via draft evasion and nationality), concluded state protection in Jordan and Ukraine is inadequate and that no viable internal flight alternative exists; therefore the claimants are Convention refugees under section 96 IRPA in respect of Jordan and Ukraine.

Court Disposition

Claims allowed; claimants found to be Convention refugees pursuant to section 96 of the IRPA in relation to Jordan and Ukraine.

Orders

  • Claims allowed; claimants determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act in relation to Jordan and Ukraine.
  • Separate decisions issued for each individual claimant.