2024 RLLR 27

2024 RLLR 27

The tribunal accepted the claimants as Convention refugees because (1) they proved on a balance of probabilities their identity and Uyghur ethnicity, (2) Japan was not a country of reference because their status there was temporary and did not amount to permanent residence so Article 1E did not apply, (3) credible country‑conditions evidence and their personal experience established a well‑founded fear of persecution by Chinese state authorities, and (4) there was no adequate state protection or internal flight alternative within China.

Citation
2024 RLLR 27
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Claimant (adult, Brother): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 November 2024
Procedural Posture
Refugee Protection / Decision (refugee Protection Division)
Outcome
Claimants accepted as Convention refugees
Legal Topics
Convention Refugee Determination, Article 1 E (country of Reference), State Protection, Internal Flight Alternative, Re‑availment, Credibility Assessment, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Article 1 E (country of Reference) State Protection Internal Flight Alternative Re‑availment +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

XXXX XXXX

Claimant (adult, Brother)

Procedural Posture

Refugee Protection / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees linked to ethnicity (Uyghur)
  2. 2 Whether Japan is a country of reference for Article 1E purposes
  3. 3 Whether Article 1E excludes the claimants

Ratio Decidendi

The tribunal accepted the claimants as Convention refugees because (1) they proved on a balance of probabilities their identity and Uyghur ethnicity, (2) Japan was not a country of reference because their status there was temporary and did not amount to permanent residence so Article 1E did not apply, (3) credible country‑conditions evidence and their personal experience established a well‑founded fear of persecution by Chinese state authorities, and (4) there was no adequate state protection or internal flight alternative within China.

Court Disposition

Claimants accepted as Convention refugees

Orders

  • Claims accepted; claimants found to be Convention refugees and protection granted