TA4-08474

TA4-08474

The claimant's testimony was credible, corroborated by contemporaneous country reports showing state targeting of perceived opponents and churches; there is a reasonable chance she would be persecuted on return because of imputed political opinion and membership of the family, therefore she qualifies as a Convention refugee.

Citation
TA4-08474
Parties
Claimant: XXXXXXXXXXXX; Refugee Protection Officer: Darryl Huard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 August 2005
Procedural Posture
Convention Refugee Claim (irpa Sections 96 97) / Hearing and Determination at Refugee Protection Division
Outcome
Claimant is found to be a Convention refugee and is entitled to refugee protection.
Legal Topics
Persecution, Political Opinion, Particular Social Group, Non Refoulement, Risk of Torture, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Persecution Political Opinion Particular Social Group Non Refoulement Risk of Torture +1 more

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Parties

XXXXXXXXXXXX

Claimant

Darryl Huard

Refugee Protection Officer

Procedural Posture

Convention Refugee Claim (irpa Sections 96 97) / Hearing and Determination at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution on account of political opinion and membership of a particular social group (family)
  2. 2 Whether the claimant's evidence is credible and provides an objective basis for fear
  3. 3 Whether the risk rises to the standard of a reasonable chance of persecution

Ratio Decidendi

The claimant's testimony was credible, corroborated by contemporaneous country reports showing state targeting of perceived opponents and churches; there is a reasonable chance she would be persecuted on return because of imputed political opinion and membership of the family, therefore she qualifies as a Convention refugee.

Court Disposition

Claimant is found to be a Convention refugee and is entitled to refugee protection.

Orders

  • Claimant granted refugee protection as a Convention refugee (return to Rwanda would pose a reasonable chance of persecution)