2022 RLLR 47

2022 RLLR 47

The claimants are Convention refugees under s.96 IRPA because credible testimony and supporting documentary evidence establish gender-based persecution by non-state actors, there is no operationally effective state protection in Peru, and no reasonable internal flight alternative exists in the claimants'...

Source-derived case information.

Citation
2022 RLLR 47
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
8 September 2022
Procedural Posture
Refugee Protection Claim (irpa) / Decision of the Refugee Protection Division (merits Determination)
Outcome
Claims allowed; claimants recognized as Convention refugees
Legal Topics
Convention Refugee Determination, Well Founded Fear, Particular Social Group (gender), State Protection, Internal Flight Alternative, Credibility
Source Language
english
Immigration Law Refugee Law Human Rights Law Gender Based Violence Convention Refugee Determination Well Founded Fear Particular Social Group (gender) State Protection +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision of the Refugee Protection Division (merits Determination)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are credible
  3. 3 Whether there is nexus to a particular social group (women/victims of gender-based persecution)

Ratio Decidendi

The claimants are Convention refugees under s.96 IRPA because credible testimony and supporting documentary evidence establish gender-based persecution by non-state actors, there is no operationally effective state protection in Peru, and no reasonable internal flight alternative exists in the claimants' circumstances, so they face a well‑founded fear of persecution on the basis of gender.

Court Disposition

Claims allowed; claimants recognized as Convention refugees

Orders

  • The Refugee Protection Division finds the claimants are Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act and accepts their claims.