2019 RLLR 64

2019 RLLR 64

The Panel accepted the Claimants' credible and corroborated testimony and documentary evidence that they face a real risk of persecution in Bangladesh by actors linked to the ruling Awami League based on perceived political opinion and family membership, and found state protection and internal relocation unavailable on the evidence, therefore the Claimants meet the definition of Convention refugees under s.96 IRPA.

Citation
2019 RLLR 64
Parties
Principal Claimant: [XXX]; Associate Claimant: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 March 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Rendered (hearing Concluded)
Outcome
Claim accepted; Claimants found to be Convention refugees
Legal Topics
Well‑founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Convention Refugee Status, Persecution on Political Grounds, Particular Social Group
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Well‑founded Fear of Persecution State Protection Internal Flight Alternative Credibility Assessment +3 more

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Parties

[XXX]

Principal Claimant

[XXX]

Associate Claimant

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Rendered (hearing Concluded)

Legal Issues

  1. 1 Whether the Claimants have a well‑founded fear of persecution
  2. 2 Whether persecution is based on Convention grounds (perceived political opinion; membership of a particular social group)
  3. 3 Whether effective state protection is available

Ratio Decidendi

The Panel accepted the Claimants' credible and corroborated testimony and documentary evidence that they face a real risk of persecution in Bangladesh by actors linked to the ruling Awami League based on perceived political opinion and family membership, and found state protection and internal relocation unavailable on the evidence, therefore the Claimants meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

Claim accepted; Claimants found to be Convention refugees

Orders

  • Claimants' refugee protection claims accepted; Claimants recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act