2020 RLLR 77

2020 RLLR 77

Credible, corroborated evidence established that three claimants were prominent, long‑term opposition supporters who were specifically targeted by chavistas and colectivos and that state protection and internal flight were objectively unavailable in Venezuela; youngest claimant faces risk by imputation from family ties; therefore all four are Convention refugees under s.96 IRPA.

Citation
2020 RLLR 77
Parties
Principal Claimant: [XXX] (principal claimant); Youngest Female Claimant: [XXX] (youngest female claimant); Male Claimant: [XXX] (male claimant); Eldest Female Claimant: [XXX] (eldest female claimant)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Refugee Protection Claim / Decision Refugee Protection Division
Outcome
All four claims accepted; all four claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Determination, Political Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Determination Political Persecution State Protection Internal Flight Alternative Credibility Assessment

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Parties

[XXX] (principal claimant)

Principal Claimant

[XXX] (youngest female claimant)

Youngest Female Claimant

[XXX] (male claimant)

Male Claimant

[XXX] (eldest female claimant)

Eldest Female Claimant

Procedural Posture

Refugee Protection Claim / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimants face a well-founded fear of persecution for political opinion
  2. 2 Whether youngest claimant faces risk based on imputed political opinion
  3. 3 Whether state protection is available or effective in Venezuela

Ratio Decidendi

Credible, corroborated evidence established that three claimants were prominent, long‑term opposition supporters who were specifically targeted by chavistas and colectivos and that state protection and internal flight were objectively unavailable in Venezuela; youngest claimant faces risk by imputation from family ties; therefore all four are Convention refugees under s.96 IRPA.

Court Disposition

All four claims accepted; all four claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claims for protection accepted; principal claimant, male claimant, eldest female claimant found to be Convention refugees based on political opinion under s.96 IRPA.
  • Youngest female claimant found to be a Convention refugee under s.96 IRPA on the basis of imputed political opinion.