MB5-01010

MB5-01010

On the ensemble of evidence the panel accepted the claimant's name, date of birth and Jamaican nationality based on original birth registration and consistent declarations despite use of false travel documents; although some aspects of testimony (notably sexual orientation and some embellishments) lacked credibility, the panel accepted she was raped and burglarized, found her to be a member of the particular social group 'women who fear violence based on their gender', found state protection and internal flight alternative inadequate in Jamaica, and concluded she faces a serious possibility of persecution and therefore is a Convention refugee under section 96 of the IRPA.

Citation
MB5-01010
Parties
Claimant: XXXX XXXX; Intervenor/respondent: Minister of Citizenship and Immigration Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 January 2016
Procedural Posture
Refugee Protection Claim / Decision on Refugee Claim (reasons and Decision)
Outcome
Claimant found to be a Convention refugee (claim allowed)
Legal Topics
Refugee Status Determination, Identity Documentation, Credibility Assessment, Gender Based Persecution, State Protection, Internal Flight Alternative
Source Language
English
Immigration and Refugee Law Human Rights Administrative Law Refugee Status Determination Identity Documentation Credibility Assessment Gender Based Persecution State Protection +1 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration Canada

Intervenor/respondent

Procedural Posture

Refugee Protection Claim / Decision on Refugee Claim (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant established her identity
  2. 2 Whether the claimant's testimony and allegations are credible
  3. 3 Whether the claimant is a member of a particular social group (women who fear gender-based violence)

Ratio Decidendi

On the ensemble of evidence the panel accepted the claimant's name, date of birth and Jamaican nationality based on original birth registration and consistent declarations despite use of false travel documents; although some aspects of testimony (notably sexual orientation and some embellishments) lacked credibility, the panel accepted she was raped and burglarized, found her to be a member of the particular social group 'women who fear violence based on their gender', found state protection and internal flight alternative inadequate in Jamaica, and concluded she faces a serious possibility of persecution and therefore is a Convention refugee under section 96 of the IRPA.

Court Disposition

Claimant found to be a Convention refugee (claim allowed)

Orders

  • Claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  • No removal order issued in this decision (claim allowed)