2020 RLLR 36

2020 RLLR 36

Claimant's credible, corroborated testimony together with objective country condition evidence establishing patterns of violence by state actors and allied militias against perceived opponents, ex-FAB members and Tutsis demonstrates a serious possibility of persecution on a Convention ground; state protection is unreasonable and no internal flight alternative exists, therefore refugee protection is granted.

Citation
2020 RLLR 36
Parties
Claimant: XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 February 2020
Procedural Posture
Refugee Claim (immigration and Refugee Protection Act) / Refugee Protection Division Determination
Outcome
Refugee protection claim accepted; claimant found to be a Convention refugee
Legal Topics
Refugee Protection, Persecution, State Protection, Internal Flight Alternative, Credibility, Ethnicity
Source Language
English
Immigration Refugee Law Human Rights Refugee Protection Persecution State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXX

Claimant

Procedural Posture

Refugee Claim (immigration and Refugee Protection Act) / Refugee Protection Division Determination

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution
  2. 2 Whether persecution is on a Convention ground (imputed political opinion and/or ethnicity)
  3. 3 Availability of state protection in Burundi

Ratio Decidendi

Claimant's credible, corroborated testimony together with objective country condition evidence establishing patterns of violence by state actors and allied militias against perceived opponents, ex-FAB members and Tutsis demonstrates a serious possibility of persecution on a Convention ground; state protection is unreasonable and no internal flight alternative exists, therefore refugee protection is granted.

Court Disposition

Refugee protection claim accepted; claimant found to be a Convention refugee

Orders

  • Refugee protection claim accepted and protection granted