2019 RLLR 210

2019 RLLR 210

On the balance of probabilities the panel found the three claimants are persons in need of protection under s.97(1) IRPA because they face a personalized risk to life in Egypt, there is insufficient or ineffective state protection and no reasonable internal flight alternative, and the claimants' testimony was accepted as credible despite some omissions.

Citation
2019 RLLR 210
Parties
Principal Claimant (father; Designated Representative for Minor): XXXX XXXX XXXX XXXX; Co Claimant (female): XXXX XXXX XXXX; Minor Claimant (child): XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 March 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Oral Decision at Merits Hearing (final)
Outcome
Claims allowed; claimants found persons in need of protection under s.97(1) IRPA
Legal Topics
Convention Refugee Determination, State Protection, Internal Flight Alternative, Gender Based Persecution, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Nationality/citizenship Convention Refugee Determination State Protection Internal Flight Alternative Gender Based Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant (father; Designated Representative for Minor)

XXXX XXXX XXXX

Co Claimant (female)

XXXX XXXX XXXX XXXX

Minor Claimant (child)

Procedural Posture

Refugee Protection Claim Under IRPA / Oral Decision at Merits Hearing (final)

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Whether the claimed risk is connected to a Convention ground (nexus)
  3. 3 Availability and effectiveness of state protection in Egypt and Libya

Ratio Decidendi

On the balance of probabilities the panel found the three claimants are persons in need of protection under s.97(1) IRPA because they face a personalized risk to life in Egypt, there is insufficient or ineffective state protection and no reasonable internal flight alternative, and the claimants' testimony was accepted as credible despite some omissions.

Court Disposition

Claims allowed; claimants found persons in need of protection under s.97(1) IRPA

Orders

  • Claims of XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX are allowed and the claimants are found to be persons in need of protection under Section 97(1) of the Immigration and Refugee Protection Act