2022 RLLR 33

2022 RLLR 33

The claimant's credible testimony and corroborative documentary and country evidence establish a nexus between the persecution he faces and an imputed/personal political opinion as an anglophone protest participant; state protection and an internal flight alternative are not available or effective, therefore he...

Source-derived case information.

Citation
2022 RLLR 33
Parties
Claimant: XXXX XXXX, XXXX; Respondent: Canada; Decision Maker: Refugee Protection Division (Member Persia Sayyari)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 April 2022
Procedural Posture
Refugee Protection Claim / Decision Rendered
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, Internal Flight Alternative, State Protection, Credibility
Source Language
english
Immigration Law Refugee Law Human Rights Convention Refugee Persecution Internal Flight Alternative State Protection Credibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX, XXXX

Claimant

Canada

Respondent

Refugee Protection Division (Member Persia Sayyari)

Decision Maker

Procedural Posture

Refugee Protection Claim / Decision Rendered

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee under s.96 of the IRPA
  2. 2 Whether there is a nexus between the claimant's fear and a Convention ground (political opinion and/or particular social group)
  3. 3 Credibility and probative value of claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's credible testimony and corroborative documentary and country evidence establish a nexus between the persecution he faces and an imputed/personal political opinion as an anglophone protest participant; state protection and an internal flight alternative are not available or effective, therefore he meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant recognized as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.