TB4-10343

TB4-10343

The claimant is a Convention refugee under section 96 because credible evidence establishes she was sexually assaulted by the YCL, continues to be threatened by them and is perceived as opposing them (perceived political opinion), and objective country information shows state protection and internal flight alternatives are unavailable, creating a serious possibility of persecution.

Citation
TB4-10343
Parties
Claimant: XXXX XXXX; Refugee Protection Officer: N/A; Interpreter: Suraj Chalise
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 February 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Decision Rendered
Outcome
Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Determination, State Protection, Internal Flight Alternative, Sexual Assault, Perceived Political Opinion, Particular Social Group
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Violence Convention Refugee Determination State Protection Internal Flight Alternative Sexual Assault +2 more

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Parties

XXXX XXXX

Claimant

N/A

Refugee Protection Officer

Suraj Chalise

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Decision Rendered

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96
  2. 2 Whether claimant is a member of a particular social group (women facing gender-related violence)
  3. 3 Whether a perceived political opinion has been attributed to the claimant

Ratio Decidendi

The claimant is a Convention refugee under section 96 because credible evidence establishes she was sexually assaulted by the YCL, continues to be threatened by them and is perceived as opposing them (perceived political opinion), and objective country information shows state protection and internal flight alternatives are unavailable, creating a serious possibility of persecution.

Court Disposition

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

Orders

  • Claim accepted; claimant granted refugee protection under section 96