TA1-21612

TA1-21612

The Division accepted the claimants' identities and, on balance of probabilities and in light of corroborating documentary country evidence, found that the principal and minor claimants face persecution as members of a particular social group (women refusing traditional practices) with no state protection and that the male claimant faces persecution for his political opinion; therefore each claimant has an objectively well-founded fear of persecution and is a Convention refugee.

Citation
TA1-21612
Parties
Principal Claimant: XXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXX; Male Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2002
Procedural Posture
Refugee Protection Convention Refugee Claim / Hearing and Final Decision
Outcome
Each claimant determined to be a Convention refugee.
Legal Topics
Particular Social Group, Gender Related Persecution, Forced Marriage (levirate), Political Opinion, State Protection, Credibility Assessment, Child Refugee Best Interests
Source Language
English
Immigration Law Refugee Law Human Rights Law Particular Social Group Gender Related Persecution Forced Marriage (levirate) Political Opinion State Protection +2 more

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Parties

XXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXX

Male Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim / Hearing and Final Decision

Legal Issues

  1. 1 Identity and documentary corroboration
  2. 2 Credibility of witnesses
  3. 3 Whether forced levirate marriage and spousal abuse amount to persecution

Ratio Decidendi

The Division accepted the claimants' identities and, on balance of probabilities and in light of corroborating documentary country evidence, found that the principal and minor claimants face persecution as members of a particular social group (women refusing traditional practices) with no state protection and that the male claimant faces persecution for his political opinion; therefore each claimant has an objectively well-founded fear of persecution and is a Convention refugee.

Court Disposition

Each claimant determined to be a Convention refugee.

Orders

  • Each claim allowed and each of XXXXXXXXXXX, XXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXX is determined to be a Convention refugee.