2023 RLLR 92

2023 RLLR 92

On the evidence the principal claimant established a well‑founded fear of persecution as a woman facing gender‑based violence and the state is unable or unwilling to protect her; internal flight is not viable due to the agent’s means and police corruption; the associated minor shares that well‑founded fear as an immediate family member, therefore both are Convention refugees.

Citation
2023 RLLR 92
Parties
Principal Claimant: XXXXX; Associated Minor Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 January 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim accepted; claimants found to be Convention refugees
Legal Topics
Gender Based Violence, State Protection, Internal Flight Alternative, Particular Social Group
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence State Protection Internal Flight Alternative Particular Social Group

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Parties

XXXXX

Principal Claimant

XXXXX

Associated Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the principal claimant is a member of a particular social group (women facing gender-based violence)
  3. 3 Whether state protection in Russia is available and effective

Ratio Decidendi

On the evidence the principal claimant established a well‑founded fear of persecution as a woman facing gender‑based violence and the state is unable or unwilling to protect her; internal flight is not viable due to the agent’s means and police corruption; the associated minor shares that well‑founded fear as an immediate family member, therefore both are Convention refugees.

Court Disposition

Claim accepted; claimants found to be Convention refugees

Orders

  • Claim accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act