2020 RLLR 174

2020 RLLR 174

The decision turned on credibility and corroboration: the claimant was found credible, identity and corroborating letters and NDP country evidence established nexus to political opinion and an objective risk of arbitrary arrest, torture and enforced disappearance by Egyptian authorities, state protection was objectively unavailable and no viable internal flight alternative existed; therefore the claimant established a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Citation
2020 RLLR 174
Parties
Claimant: XXXX XXXX XXXX XXXX (AKA XXXX XXXX); Respondent (intervenor): Minister of Public Safety and Emergency Preparedness (Canada Border Services Agency)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 January 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing and Consideration of Documents
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Credibility Assessment, Nexus to Political Opinion, Persecution, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Credibility Assessment Nexus to Political Opinion Persecution State Protection Internal Flight Alternative

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Parties

XXXX XXXX XXXX XXXX (AKA XXXX XXXX)

Claimant

Minister of Public Safety and Emergency Preparedness (Canada Border Services Agency)

Respondent (intervenor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing and Consideration of Documents

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant's testimony is credible
  3. 3 Whether there is a nexus between claimant's treatment and political opinion

Ratio Decidendi

The decision turned on credibility and corroboration: the claimant was found credible, identity and corroborating letters and NDP country evidence established nexus to political opinion and an objective risk of arbitrary arrest, torture and enforced disappearance by Egyptian authorities, state protection was objectively unavailable and no viable internal flight alternative existed; therefore the claimant established a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claimant's refugee claim accepted; claimant recognized as a Convention refugee under section 96 of the IRPA