MB6-00925

MB6-00925

The claimant is a Convention refugee because he, as an 18-year-old Syrian citizen, would be compulsorily conscripted into an armed force accused of war crimes and faces targeted threats from Islamist groups as a member of the XXXX community; Syria cannot provide adequate protection and internal flight is not reasonable, establishing a serious possibility of persecution.

Citation
MB6-00925
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 April 2016
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision on Claim (expedited Process)
Outcome
Claim allowed; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee Status, Persecution, Conscientious Objection, Military Conscription, Internal Flight Alternative, State Protection/failed State
Source Language
English
Immigration Law Refugee Law International Humanitarian Law Human Rights Law Convention Refugee Status Persecution Conscientious Objection Military Conscription +2 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision on Claim (expedited Process)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA ss.96 and 97(1)
  2. 2 Whether the claimant faces a serious possibility of persecution if returned to Syria due to military conscription and targeting by non-state actors
  3. 3 Whether the Syrian state can provide adequate protection

Ratio Decidendi

The claimant is a Convention refugee because he, as an 18-year-old Syrian citizen, would be compulsorily conscripted into an armed force accused of war crimes and faces targeted threats from Islamist groups as a member of the XXXX community; Syria cannot provide adequate protection and internal flight is not reasonable, establishing a serious possibility of persecution.

Court Disposition

Claim allowed; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant recognized as a Convention refugee.
  • Decision issued without a hearing under the expedited process