2023 RLLR 179

2023 RLLR 179

The Panel accepted the claimants' credible sworn testimony and corroborating documents establishing nexus to the principal claimant's actual and imputed political opinion; objective country information demonstrated a real risk of arrest, torture, arbitrary detention and execution; the state was found unable to...

Source-derived case information.

Citation
2023 RLLR 179
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Claim / Final Decision (refugee Protection Division)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee Determination, State Protection, Internal Flight Alternative, Political Opinion, Credibility Assessment, Gender Based Persecution
Source Language
english
Immigration Refugee Law Human Rights Convention Refugee Determination State Protection Internal Flight Alternative Political Opinion Credibility Assessment +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants meet the definition of Convention refugee under s.96 IRPA
  2. 2 Whether the principal claimant has nexus to political opinion (actual or imputed)
  3. 3 Whether associate and minor claimants have nexus as family members and on gender grounds

Ratio Decidendi

The Panel accepted the claimants' credible sworn testimony and corroborating documents establishing nexus to the principal claimant's actual and imputed political opinion; objective country information demonstrated a real risk of arrest, torture, arbitrary detention and execution; the state was found unable to provide effective protection and no internal flight alternative existed; therefore the claimants meet the s.96 IRPA definition of Convention refugees.

Court Disposition

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

Orders

  • Claims accepted; XXXX XXXX, XXXX XXXX and XXXX XXXX are determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act