2022 RLLR 51

2022 RLLR 51

The panel accepted the claimants' credible testimony and documentary evidence, found nexus to the Convention based on the principal claimant’s atheism/imputed anti‑Islamic profile and the associate claimants’ membership in a particular social group (female family members), determined that adequate state protection in Bangladesh is not available and that no internal flight alternative exists, and therefore concluded the claimants are Convention refugees.

Citation
2022 RLLR 51
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 August 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (oral Reasons)
Outcome
Claims allowed; claimants found to be Convention refugees
Legal Topics
Refugee Protection, Convention Refugee, Persecution, Gender Based Violence, State Protection, Nexus to Convention Grounds, Internal Flight Alternative, Exclusion (article 1 E), Credibility and Identity
Source Language
English
Immigration Law Refugee Law Human Rights Law Refugee Protection Convention Refugee Persecution Gender Based Violence State Protection +4 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (oral Reasons)

Legal Issues

  1. 1 Whether claimants meet the definition of a Convention refugee
  2. 2 Whether there is nexus to a Convention ground (atheism/imputed anti-Islamic belief and membership in a particular social group)
  3. 3 Whether state protection is available in Bangladesh

Ratio Decidendi

The panel accepted the claimants' credible testimony and documentary evidence, found nexus to the Convention based on the principal claimant’s atheism/imputed anti‑Islamic profile and the associate claimants’ membership in a particular social group (female family members), determined that adequate state protection in Bangladesh is not available and that no internal flight alternative exists, and therefore concluded the claimants are Convention refugees.

Court Disposition

Claims allowed; claimants found to be Convention refugees

Orders

  • Claimants' refugee protection claims accepted and they are found to be Convention refugees
  • Proceedings closed