2019 RLLR 12

2019 RLLR 12

The claimant was found fully credible and established on a balance of probabilities that she was forcibly given an IUD, subjected to a forced abortion, fined and targeted for sterilization; country documentation indicates coercive family planning measures persist and the State (or its agents) is the persecutor, so state protection and internal flight are unavailable, entitling her to Convention refugee status as a member of the particular social group 'women who violated the family planning policy'.

Citation
2019 RLLR 12
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 October 2019
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision by Refugee Protection Division
Outcome
Claim accepted; claimant recognized as a Convention refugee
Legal Topics
Refugee Protection, Family Planning Policy, Forced Abortion, Sterilization, State Protection, Internal Flight Alternative, Credibility Assessment, Particular Social Group
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Refugee Protection Family Planning Policy Forced Abortion Sterilization State Protection +3 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant was persecuted on account of membership in a particular social group (woman who violated family planning policy)
  3. 3 Whether state protection is available

Ratio Decidendi

The claimant was found fully credible and established on a balance of probabilities that she was forcibly given an IUD, subjected to a forced abortion, fined and targeted for sterilization; country documentation indicates coercive family planning measures persist and the State (or its agents) is the persecutor, so state protection and internal flight are unavailable, entitling her to Convention refugee status as a member of the particular social group 'women who violated the family planning policy'.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee

Orders

  • Claimant's refugee claim accepted; claimant recognized as a Convention refugee