2023 RLLR 183

2023 RLLR 183

On the balance of probabilities the tribunal accepted the claimants' identity and credible testimony, found the persecution feared had a nexus to the Convention ground of Tamil ethnicity, concluded objective country conditions and documentation supported a real risk, and determined that state protection and internal relocation were not available; therefore both claimants are Convention refugees under section 96 of the IRPA.

Citation
2023 RLLR 183
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 April 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claims accepted: both principal claimant and associate claimant found to be Convention refugees under section 96 of the IRPA.
Legal Topics
Convention Refugee Determination, Race/ethnicity Nexus, Credibility Assessment, State Protection, Internal Flight Alternative, Risk Profiling, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Determination Race/ethnicity Nexus Credibility Assessment State Protection Internal Flight Alternative +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 of the IRPA
  2. 2 Whether the harm feared by the claimants has a nexus to a Convention ground (race/ethnicity - Sri Lankan Tamil)
  3. 3 Assessment of claimants' credibility

Ratio Decidendi

On the balance of probabilities the tribunal accepted the claimants' identity and credible testimony, found the persecution feared had a nexus to the Convention ground of Tamil ethnicity, concluded objective country conditions and documentation supported a real risk, and determined that state protection and internal relocation were not available; therefore both claimants are Convention refugees under section 96 of the IRPA.

Court Disposition

Claims accepted: both principal claimant and associate claimant found to be Convention refugees under section 96 of the IRPA.

Orders

  • Principal claimant and associate claimant are found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act; refugee claims accepted.