2024 RLLR 8

Claimants were found credible and demonstrated, on a balance of probabilities, that their religious and political beliefs put them at serious risk of persecution by Iranian authorities, that state protection is unavailable because the state is the agent of harm, and that no viable internal flight alternative exists, therefore they meet the Convention refugee definition under s.96 IRPA.

Citation: 2024 RLLR 8
Parties: Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court: Royal Canadian Mounted Police Labour Relations
Jurisdiction: Canada
Judgment Date: 30 April 2024
Procedural Posture: Refugee Protection Claim / Decision (refugee Protection Division Reasons)
Outcome: Both claimants accepted as Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics: Convention Refugee, Persecution, Religious Freedom, Political Opinion, State Protection, Internal Flight Alternative, Gender Based Persecution, Transnational Repression
Source Language: English

Immigration Refugee Law Human Rights Law Convention Refugee Persecution Religious Freedom Political Opinion State Protection +3 more

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division Reasons)

Legal Issues

1 Whether claimants are Convention refugees under section 96 of the IRPA
2 Whether nexus exists to religious belief and/or political opinion
3 Credibility of claimants' testimony and documentary evidence

Ratio Decidendi

Court Disposition

Both claimants accepted as Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

Both claimants granted refugee protection as Convention refugees under section 96 IRPA.