2019 RLLR 96

2019 RLLR 96

The panel accepted the claimants as Convention refugees because, on balance, identity and subjective fear were credible, objective country documentation and corroborating evidence establish a real risk of persecution by the state for antigovernment political opinion, state protection is unavailable and no internal flight alternative exists, and associated family members are at risk as members of a particular social group.

Citation
2019 RLLR 96
Parties
Principal Claimant: [XXX]; Associated Adult Claimant (designated Representative): [XXX]; Associated Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 September 2019
Procedural Posture
Refugee Protection Claim (sections 96 and 97(1) Immigration and Refugee Protection Act) / Decision (refugee Protection Division, Oral Reasons)
Outcome
Claims accepted; claimants determined to be Convention refugees
Legal Topics
Convention Refugee Determination, Political Opinion Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Family as Particular Social Group
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Determination Political Opinion Persecution State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Principal Claimant

[XXX]

Associated Adult Claimant (designated Representative)

[XXX]

Associated Minor Claimant

Procedural Posture

Refugee Protection Claim (sections 96 and 97(1) Immigration and Refugee Protection Act) / Decision (refugee Protection Division, Oral Reasons)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96/97(1) IRPA
  2. 2 Whether the claimant has established a well‑founded fear of persecution for political opinion
  3. 3 Credibility of the claimant given omissions in the basis of claim

Ratio Decidendi

The panel accepted the claimants as Convention refugees because, on balance, identity and subjective fear were credible, objective country documentation and corroborating evidence establish a real risk of persecution by the state for antigovernment political opinion, state protection is unavailable and no internal flight alternative exists, and associated family members are at risk as members of a particular social group.

Court Disposition

Claims accepted; claimants determined to be Convention refugees

Orders

  • Claims accepted and the claimants are granted Convention refugee status pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act