2020 RLLR 135

2020 RLLR 135

On the balance of probabilities the principal claimant established a personal risk of a revenge killing by a powerful tribe in Jordan, provided clear and convincing evidence that state protection was unavailable or ineffective, and shown that no viable internal flight alternative exists; therefore he is a person in need of protection. The associate claimant and youngest minor lacked evidence of a Convention nexus or personal risk and are not protected; the oldest minor's claim to the United States lacked credible evidence of risk and is denied.

Citation
2020 RLLR 135
Parties
Principal Claimant: [XXX]; Associate Claimant: [XXX]; Oldest Minor Claimant: [XXX]; Youngest Minor Claimant: [XXX]; Adjudicator / Respondent: Refugee Protection Division / Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Merits by Refugee Protection Division
Outcome
Principal claimant accepted as person in need of protection; associate claimant and youngest minor claimant denied; oldest minor claimant (United States) denied.
Legal Topics
Refugee Protection, Convention Refugee, State Protection, Internal Flight Alternative, Credibility Assessment, Tribal Revenge Killings
Source Language
English
Immigration Law Refugee Law Human Rights Law Refugee Protection Convention Refugee State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

[XXX]

Principal Claimant

[XXX]

Associate Claimant

[XXX]

Oldest Minor Claimant

[XXX]

Youngest Minor Claimant

Refugee Protection Division / Canada

Adjudicator / Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Merits by Refugee Protection Division

Legal Issues

  1. 1 Whether the principal claimant faces a personal risk of a revenge killing in Jordan
  2. 2 Whether state protection in Jordan is adequate and available
  3. 3 Whether a viable internal flight alternative exists in Jordan

Ratio Decidendi

On the balance of probabilities the principal claimant established a personal risk of a revenge killing by a powerful tribe in Jordan, provided clear and convincing evidence that state protection was unavailable or ineffective, and shown that no viable internal flight alternative exists; therefore he is a person in need of protection. The associate claimant and youngest minor lacked evidence of a Convention nexus or personal risk and are not protected; the oldest minor's claim to the United States lacked credible evidence of risk and is denied.

Court Disposition

Principal claimant accepted as person in need of protection; associate claimant and youngest minor claimant denied; oldest minor claimant (United States) denied.

Orders

  • Principal claimant's claim accepted and protection granted.
  • Claims of associate claimant and youngest minor claimant denied.