CA5-00234

CA5-00234

The panel found the principal claimant credible and established a serious possibility of persecution by Turkish authorities for political opinion based on his sustained political activity, documented history of repeated detention and mistreatment, and ongoing targeting and lack of state protection; therefore he is a Convention refugee. The co-claimants failed to demonstrate a personal risk on a Convention ground or to meet the s.97(1) threshold because their experiences amounted to discrimination, not persecution, they lacked individual political profiles, and their conduct (living independently for years) undermined claims of subjective fear.

Citation
CA5-00234
Parties
Principal Claimant: XXXXX XXXXX; Spouse / Co Claimant: XXXXX XXXXX; Child / Co Claimant (daughter): XXXXX XXXXX; Child / Co Claimant (son): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 September 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision
Outcome
Principal claimant accepted as a Convention refugee under section 96 of IRPA; co-claimants' claims rejected under section 96 and found not to meet sections 97(1)(a) or 97(1)(b) of IRPA
Legal Topics
Political Opinion, Membership of a Particular Social Group (family), Internal Flight Alternative, State Protection, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Torture Freedom of Religion Ethnic Discrimination Political Opinion Membership of a Particular Social Group (family) Internal Flight Alternative +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Spouse / Co Claimant

XXXXX XXXXX

Child / Co Claimant (daughter)

XXXXX XXXXX XXXXX

Child / Co Claimant (son)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Whether the principal claimant faces a serious possibility of persecution by reason of political opinion
  2. 2 Whether the co-claimants face persecution by reason of membership of a particular social group (family)
  3. 3 Whether claimants face persecution by reason of religion (Alevi) or ethnicity (Kurdish)

Ratio Decidendi

The panel found the principal claimant credible and established a serious possibility of persecution by Turkish authorities for political opinion based on his sustained political activity, documented history of repeated detention and mistreatment, and ongoing targeting and lack of state protection; therefore he is a Convention refugee. The co-claimants failed to demonstrate a personal risk on a Convention ground or to meet the s.97(1) threshold because their experiences amounted to discrimination, not persecution, they lacked individual political profiles, and their conduct (living independently for years) undermined claims of subjective fear.

Court Disposition

Principal claimant accepted as a Convention refugee under section 96 of IRPA; co-claimants' claims rejected under section 96 and found not to meet sections 97(1)(a) or 97(1)(b) of IRPA

Orders

  • Accept claim of XXXXX XXXXX as a Convention refugee under section 96 IRPA (decision dated September 20, 2006)
  • Reject claims of XXXXX XXXXX, XXXXX XXXXX, XXXXX XXXXX, and XXXXX XXXXX XXXXX under section 96 IRPA and as persons in need of protection under section 97(1)(a) and (b)