2024 RLLR 13

2024 RLLR 13

The claimant's testimony was found credible on a balance of probabilities; she was properly characterized as a member of the particular social group 'women at risk of gender-based violence'; objective country evidence demonstrated a real risk of gender-based violence in Kenya and ineffective state protection nationwide, and no viable internal flight alternative exists; therefore she meets the definition of a Convention refugee under section 96 of IRPA and the claim is accepted.

Citation
2024 RLLR 13
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 April 2024
Procedural Posture
Convention Refugee Claim (irpa Ss.96 and 97(1)) / Decision Without a Hearing (streaming Under Chairperson's Instructions; Paragraph 170(f))
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of IRPA.
Legal Topics
Gender Based Violence, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Violence Particular Social Group State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Convention Refugee Claim (irpa Ss.96 and 97(1)) / Decision Without a Hearing (streaming Under Chairperson's Instructions; Paragraph 170(f))

Legal Issues

  1. 1 Whether claimant constitutes a member of a particular social group (women at risk of gender-based violence)
  2. 2 Whether claimant's evidence is credible
  3. 3 Whether there is an objective basis for the fear of persecution

Ratio Decidendi

The claimant's testimony was found credible on a balance of probabilities; she was properly characterized as a member of the particular social group 'women at risk of gender-based violence'; objective country evidence demonstrated a real risk of gender-based violence in Kenya and ineffective state protection nationwide, and no viable internal flight alternative exists; therefore she meets the definition of a Convention refugee under section 96 of IRPA and the claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of IRPA.

Orders

  • Claim accepted.