2020 RLLR 15

2020 RLLR 15

The panel found the principal claimant credible and that documentary country evidence and direct corroboration demonstrated that Haiti cannot reasonably protect her from domestic and sexual violence and that internal relocation is not practical; therefore she faces a serious possibility of persecution on a Convention ground and is a Convention refugee, while the minor children do not face a Convention-based risk and their claims are rejected.

Citation
2020 RLLR 15
Parties
Principal Claimant / Designated Representative: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 January 2020
Procedural Posture
Refugee Protection Claim (convention Refugee) / Final Decision by Refugee Protection Division
Outcome
Principal claimant accepted as a Convention refugee; minor claimants' claims rejected.
Legal Topics
Refugee Protection, Convention Refugee Status, State Protection, Internal Flight Alternative, Domestic Violence, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Gender Based Violence Refugee Protection Convention Refugee Status State Protection Internal Flight Alternative Domestic Violence +1 more

Case Brief

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Parties

[XXX]

Principal Claimant / Designated Representative

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee) / Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant faces persecution on a Convention ground due to domestic violence
  2. 2 Whether the State of Haiti can provide effective protection
  3. 3 Whether an internal flight alternative in Haiti is reasonable and available

Ratio Decidendi

The panel found the principal claimant credible and that documentary country evidence and direct corroboration demonstrated that Haiti cannot reasonably protect her from domestic and sexual violence and that internal relocation is not practical; therefore she faces a serious possibility of persecution on a Convention ground and is a Convention refugee, while the minor children do not face a Convention-based risk and their claims are rejected.

Court Disposition

Principal claimant accepted as a Convention refugee; minor claimants' claims rejected.

Orders

  • Minor claimants' refugee claims rejected; not persons in need of protection