2024 RLLR 5

2024 RLLR 5

The Panel accepted the claimant's identity and nationality on the balance of probabilities based on a consistent series of passports, supporting identity documents and credible testimony; her cognitive impairments and assistance in completing forms explained omissions; on the merits the claimant established membership in the opposition MRC and a well-founded fear of persecution for political opinion, state protection was unavailable and proposed internal flight alternatives were not viable, therefore she is a Convention refugee.

Citation
2024 RLLR 5
Parties
Claimant: XXXX XXXX; Intervener/respondent: Minister of Immigration, Refugees and Citizenship Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 January 2024
Procedural Posture
Refugee Protection (irpa S.96/s.97) / Hearing and Decision (rpd Determination)
Outcome
Claim granted; claimant recognized as a Convention refugee pursuant to IRPA s.96 on account of political opinion.
Legal Topics
Identity and Documentation, Credibility, Political Opinion Persecution, State Protection, Internal Flight Alternative, Procedural Accommodations for Disability
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Documentation Credibility Political Opinion Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

Minister of Immigration, Refugees and Citizenship Canada

Intervener/respondent

Procedural Posture

Refugee Protection (irpa S.96/s.97) / Hearing and Decision (rpd Determination)

Legal Issues

  1. 1 Whether the claimant established her personal and national identity on a balance of probabilities
  2. 2 Whether the claimant's testimony was credible despite cognitive impairments and omissions in immigration forms
  3. 3 Whether the claimant established a well-founded fear of persecution for political opinion

Ratio Decidendi

The Panel accepted the claimant's identity and nationality on the balance of probabilities based on a consistent series of passports, supporting identity documents and credible testimony; her cognitive impairments and assistance in completing forms explained omissions; on the merits the claimant established membership in the opposition MRC and a well-founded fear of persecution for political opinion, state protection was unavailable and proposed internal flight alternatives were not viable, therefore she is a Convention refugee.

Court Disposition

Claim granted; claimant recognized as a Convention refugee pursuant to IRPA s.96 on account of political opinion.

Orders

  • Claimant recognized as a Convention refugee and claim accepted by the Refugee Protection Division