TB3-04644

TB3-04644

The claimant, a woman subjected to repeated domestic violence and ongoing threats by an agent with connections to state actors, provided credible testimonial and corroborative medical and witness evidence; country documentation and expert statements rebut the presumption of effective state protection, and due to Dominica's small size there is no viable internal flight alternative—therefore she meets the definition of a Convention Refugee under section 96 of the IRPA on grounds of membership in a particular social group (women facing gender-based violence).

Citation
TB3-04644
Parties
Claimant / Asylum Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX); Respondent / Minister: Minister of Citizenship and Immigration (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 October 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision After Hearing and Written Submissions
Outcome
Claim allowed; claimant found to be a Convention Refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Membership in a Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Delay in Claiming
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Violence Law Membership in a Particular Social Group State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX)

Claimant / Asylum Claimant

Minister of Citizenship and Immigration (Respondent)

Respondent / Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision After Hearing and Written Submissions

Legal Issues

  1. 1 Whether the claimant is a Convention Refugee under section 96 of IRPA
  2. 2 Whether there is nexus between persecution and membership in a particular social group (women facing gender-based violence)
  3. 3 Whether the claimant's testimony and evidence are credible

Ratio Decidendi

The claimant, a woman subjected to repeated domestic violence and ongoing threats by an agent with connections to state actors, provided credible testimonial and corroborative medical and witness evidence; country documentation and expert statements rebut the presumption of effective state protection, and due to Dominica's small size there is no viable internal flight alternative—therefore she meets the definition of a Convention Refugee under section 96 of the IRPA on grounds of membership in a particular social group (women facing gender-based violence).

Court Disposition

Claim allowed; claimant found to be a Convention Refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant recognized as a Convention Refugee under section 96 of the IRPA