TB4-03445

TB4-03445

The claimant proved by credible evidence her identity and nexus as an NGO worker and as a woman, established a real risk of serious harm from militants including death of her son and subsequent killings of aid workers, and demonstrated that state protection in Pakistan is ineffective and no suitable internal flight alternative exists; therefore she meets the definition of a Convention refugee and is entitled to refugee protection under ss.96 and 97(1) of the IRPA.

Citation
TB4-03445
Parties
Claimant: XXXX XXXX; Counsel for Claimant: Michael Korman; Presiding Member / Adjudicator: K. Foreman; Interpreter: N. Khan
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 June 2014
Procedural Posture
Refugee Protection (immigration and Refugee Protection Act Ss.96 and 97) / Hearing — Reasons for Decision (granting Claim)
Outcome
Claim accepted — refugee status granted.
Legal Topics
Convention Refugee Status, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Based Persecution, Persecution for NGO Activity
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Status State Protection Internal Flight Alternative Credibility Assessment Gender Based Persecution +1 more

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Parties

XXXX XXXX

Claimant

Michael Korman

Counsel for Claimant

K. Foreman

Presiding Member / Adjudicator

N. Khan

Interpreter

Procedural Posture

Refugee Protection (immigration and Refugee Protection Act Ss.96 and 97) / Hearing — Reasons for Decision (granting Claim)

Legal Issues

  1. 1 Whether claimant meets definition of Convention refugee
  2. 2 Whether claimant has nexus to a protected ground (NGO worker and woman)
  3. 3 Whether state protection in Pakistan is reasonably available

Ratio Decidendi

The claimant proved by credible evidence her identity and nexus as an NGO worker and as a woman, established a real risk of serious harm from militants including death of her son and subsequent killings of aid workers, and demonstrated that state protection in Pakistan is ineffective and no suitable internal flight alternative exists; therefore she meets the definition of a Convention refugee and is entitled to refugee protection under ss.96 and 97(1) of the IRPA.

Court Disposition

Claim accepted — refugee status granted.

Orders

  • Claimant recognized as a Convention refugee and granted refugee protection