2020 RLLR 186

2020 RLLR 186

Claimants established identity, citizenship and evangelical Christian faith on a balance of probabilities, provided credible testimony and corroborating documents and country evidence demonstrating a serious possibility of persecution in Egypt and Sudan; state protection and internal flight alternatives are unavailable or unreasonable, therefore they are Convention refugees under IRPA s.96 and s.97(1).

Citation
2020 RLLR 186
Parties
Claimant (father): XXXX XXXX XXXX XXXX; Claimant (mother): XXXX XXXX XXXX XXXX; Claimant (adult Son): XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 February 2020
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act (sections 96 and 97(1)) / Refugee Protection Division Oral Decision at Hearing Decision Announced
Outcome
Claims accepted; claimants found to be Convention refugees under IRPA s.96 and s.97(1).
Legal Topics
Convention Refugee Determination, Persecution on Grounds of Religion, Internal Flight Alternative, State Protection, Credibility and Delay/failure to Claim, Identity and Citizenship
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Law Freedom of Religion Convention Refugee Determination Persecution on Grounds of Religion Internal Flight Alternative State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant (father)

XXXX XXXX XXXX XXXX

Claimant (mother)

XXXX XXXX XXXX XXXX

Claimant (adult Son)

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act (sections 96 and 97(1)) / Refugee Protection Division Oral Decision at Hearing Decision Announced

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 and s.97(1) IRPA
  2. 2 Whether there is a nexus between the claimed harm and the claimants' Christian faith
  3. 3 Whether state protection is available or would be reasonable to seek

Ratio Decidendi

Claimants established identity, citizenship and evangelical Christian faith on a balance of probabilities, provided credible testimony and corroborating documents and country evidence demonstrating a serious possibility of persecution in Egypt and Sudan; state protection and internal flight alternatives are unavailable or unreasonable, therefore they are Convention refugees under IRPA s.96 and s.97(1).

Court Disposition

Claims accepted; claimants found to be Convention refugees under IRPA s.96 and s.97(1).

Orders

  • Claimants granted refugee protection as Convention refugees under the Immigration and Refugee Protection Act (s.96 and s.97(1)).