2022 RLLR 25

2022 RLLR 25

The Member found the claimants credible, established identity, and accepted nexus to Convention grounds (Ukrainian nationality; membership in particular social groups: elderly with chronic health issues and female principal claimant). Country condition evidence established an objective basis for a well-founded fear...

Source-derived case information.

Citation
2022 RLLR 25
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 October 2022
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision (merits) by Refugee Protection Division
Outcome
Claims accepted; claimants determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee Determination, Nexus to Convention Grounds (nationality; Particular Social Group), State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions, Gender Based Persecution, Persecution of Elderly and Medically Vulnerable Persons
Source Language
english
Immigration Law Refugee Law Human Rights Convention Refugee Determination Nexus to Convention Grounds (nationality; Particular Social Group) State Protection Internal Flight Alternative Credibility Assessment +3 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision (merits) by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants face persecution on account of Ukrainian nationality and membership of particular social groups (elderly persons with chronic health issues; female claimant)
  2. 2 Whether claimants are credible
  3. 3 Whether there is an objective basis for the fear (country conditions)

Ratio Decidendi

The Member found the claimants credible, established identity, and accepted nexus to Convention grounds (Ukrainian nationality; membership in particular social groups: elderly with chronic health issues and female principal claimant). Country condition evidence established an objective basis for a well-founded fear of persecution, state protection was not operationally effective, and internal relocation was not viable. Therefore the claimants meet the definition of Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Court Disposition

Claims accepted; claimants determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claimants granted protection as Convention refugees under section 96 of the Immigration and Refugee Protection Act
  • No need to consider protection under section 97 given grant under section 96