2022 RLLR 38

2022 RLLR 38

On the evidence the principal claimant established a serious possibility of persecution in the West Bank by Palestinian Authority actors on the basis of imputed political opinion; his wife and children face persecution as family members of a political target; state protection is unavailable and no viable internal flight alternative exists; accordingly the claimants are Convention refugees under section 96 IRPA.

Citation
2022 RLLR 38
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2022
Procedural Posture
Refugee Protection (refugee Protection Division) / Hearing — Decision (oral Reasons Rendered December 20, 2022)
Outcome
Claims allowed; claimants found to be Convention refugees
Legal Topics
Persecution, Imputed Political Opinion, Particular Social Group (family Members), State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Persecution Imputed Political Opinion Particular Social Group (family Members) State Protection Internal Flight Alternative +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 1 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (refugee Protection Division) / Hearing — Decision (oral Reasons Rendered December 20, 2022)

Legal Issues

  1. 1 Whether the principal claimant faces a serious possibility of persecution based on imputed political opinion
  2. 2 Whether the claimant's family members face persecution as members of a particular social group
  3. 3 Whether state protection is available from the Palestinian Authority

Ratio Decidendi

On the evidence the principal claimant established a serious possibility of persecution in the West Bank by Palestinian Authority actors on the basis of imputed political opinion; his wife and children face persecution as family members of a political target; state protection is unavailable and no viable internal flight alternative exists; accordingly the claimants are Convention refugees under section 96 IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees

Orders

  • Claims accepted; claimants determined to be refugees under section 96 of the Immigration and Refugee Protection Act