2022 RLLR 133

2022 RLLR 133

Although the claimant's testimony was limited and showed confusion due to his advanced age and medical condition, the panel accepted corroborating evidence from the designated representative and documentary disclosures and found on the balance of probabilities that the PSB pursues the claimant for presumed...

Source-derived case information.

Citation
2022 RLLR 133
Parties
Claimant: XXXX; Co Claimant (deceased): XXXX; Designated Representative (son): XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 March 2022
Procedural Posture
Refugee Protection Claim Under IRPA (sections 96 and 97(1)) / Hearing and Decision (oral Decision March 23, 2022; Written Reasons April 7, 2022)
Outcome
Claim accepted; refugee protection granted
Legal Topics
Credibility Assessment, Persecution for Religion, Cruel and Unusual Punishment, State Persecution
Source Language
english
Refugee Law Immigration Law Human Rights Law Credibility Assessment Persecution for Religion Cruel and Unusual Punishment State Persecution

Source-derived case record

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 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX

Claimant

XXXX

Co Claimant (deceased)

XXXX

Designated Representative (son)

Procedural Posture

Refugee Protection Claim Under IRPA (sections 96 and 97(1)) / Hearing and Decision (oral Decision March 23, 2022; Written Reasons April 7, 2022)

Legal Issues

  1. 1 Whether the claimant is credible given age and medical condition
  2. 2 Whether the claimant faces persecution or cruel and unusual punishment on return to China for presumed association with an underground church
  3. 3 Whether the claimant established risk on the balance of probabilities

Ratio Decidendi

Although the claimant's testimony was limited and showed confusion due to his advanced age and medical condition, the panel accepted corroborating evidence from the designated representative and documentary disclosures and found on the balance of probabilities that the PSB pursues the claimant for presumed association with underground church activities, creating a risk of cruel and unusual punishment; accordingly refugee protection was granted.

Court Disposition

Claim accepted; refugee protection granted

Orders

  • Claimant granted refugee protection
  • Written reasons issued April 7, 2022