2022 RLLR 77

2022 RLLR 77

The claimant was found to have a well-founded fear constituting a serious possibility of persecution on Convention grounds (political opinion and membership of a particular social group: family member of a Flight PS752 victim); the State is unwilling/unable to protect and no viable internal flight alternative exists, therefore the claim succeeds under section 96 IRPA.

Citation
2022 RLLR 77
Parties
Claimant: XXXX XXXX XXXX; Country of Origin: Iran
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 April 2022
Procedural Posture
Refugee Protection Claim / Decision Oral Reasons Delivered at Hearing
Outcome
Claim allowed; claimant accepted as a refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Determination, Persecution, State Protection, Internal Flight Alternative, Political Opinion, Particular Social Group, Credibility
Source Language
English
Immigration Refugee Law Human Rights Refugee Determination Persecution State Protection Internal Flight Alternative Political Opinion +2 more

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Parties

XXXX XXXX XXXX

Claimant

Iran

Country of Origin

Procedural Posture

Refugee Protection Claim / Decision Oral Reasons Delivered at Hearing

Legal Issues

  1. 1 Whether claimant meets definition of refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether alleged risk is persecution linked to political opinion and/or membership of a particular social group (family member of Flight PS752 victim)
  3. 3 Whether the State is willing and able to provide protection

Ratio Decidendi

The claimant was found to have a well-founded fear constituting a serious possibility of persecution on Convention grounds (political opinion and membership of a particular social group: family member of a Flight PS752 victim); the State is unwilling/unable to protect and no viable internal flight alternative exists, therefore the claim succeeds under section 96 IRPA.

Court Disposition

Claim allowed; claimant accepted as a refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim for refugee protection accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.