VB7-05863

VB7-05863

Given the principal claimant's prior detention, interrogation and torture, the destroyed home and displaced family, the documented widespread and systematic abuses in Syria demonstrating a failure of state protection, and no viable internal flight alternative, it is more likely than not that the claimants face a serious possibility of persecution and thus meet the Convention refugee definition.

Citation
VB7-05863
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 December 2017
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision Without Hearing (expedited Processing)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee Determination, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility and Identity
Source Language
English
Immigration Refugee Law International Human Rights Administrative Law Convention Refugee Determination Well Founded Fear of Persecution State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX

Minor Child

XXXX XXXX XXXX XXXX

Minor Child

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision Without Hearing (expedited Processing)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee under ss.96 and 97(1) of the IRPA
  2. 2 Whether the principal claimant faces a real risk of persecution on return due to past detention, torture and perceived opposition to the government
  3. 3 Whether state protection is reasonably available in Syria

Ratio Decidendi

Given the principal claimant's prior detention, interrogation and torture, the destroyed home and displaced family, the documented widespread and systematic abuses in Syria demonstrating a failure of state protection, and no viable internal flight alternative, it is more likely than not that the claimants face a serious possibility of persecution and thus meet the Convention refugee definition.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Claims accepted and claimants recognized as Convention refugees