2022 RLLR 28

2022 RLLR 28

Claimants established on a balance of probabilities credible personal facts and documentary corroboration showing they were detained, assaulted and targeted by Punjab police; nexus to imputed political opinion for the principal and to a particular social group (family and women) for dependants was established;...

Source-derived case information.

Citation
2022 RLLR 28
Parties
Principal Claimant: XXXX XXXX (principal claimant); Spouse: XXXX XXXX (spouse); Minor Claimant: XXXX XXXX (minor claimant); Associate Claimant: XXXX XXXX (associate claimant)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 September 2022
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following RPD Hearing and Reasons
Outcome
Claims allowed; claimants found to be Convention refugees under section 96 of IRPA
Legal Topics
Convention Refugee Determination, Nexus to Convention Grounds, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Based Violence, Child Claimant Considerations
Source Language
english
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Nexus to Convention Grounds State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX (principal claimant)

Principal Claimant

XXXX XXXX (spouse)

Spouse

XXXX XXXX (minor claimant)

Minor Claimant

XXXX XXXX (associate claimant)

Associate Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following RPD Hearing and Reasons

Legal Issues

  1. 1 Whether claimants have nexus to a Convention ground (imputed political opinion and particular social group)
  2. 2 Whether claimants are credible
  3. 3 Whether claimants have a well‑founded fear of persecution by Punjab police or non‑state actors (XXXX XXXX)

Ratio Decidendi

Claimants established on a balance of probabilities credible personal facts and documentary corroboration showing they were detained, assaulted and targeted by Punjab police; nexus to imputed political opinion for the principal and to a particular social group (family and women) for dependants was established; objective country evidence demonstrates systemic police abuse, corruption and inadequate remedies; police motivation and national information systems (CCTNS) give them the means to locate claimants across India, rendering IFAs unrealistic; therefore claimants have a well‑founded fear of persecution and qualify as Convention refugees under s.96 IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees under section 96 of IRPA

Orders

  • Claims accepted; claimants recognized as Convention refugees under s.96 IRPA