2023 RLLR 157

2023 RLLR 157

The claimant's identity and credibility are established, his support for the Balderas party and Amhara ethnicity give rise to a nexus to political opinion, objective country evidence demonstrates risk to opposition supporters and Amharas, state protection is inadequate and no reasonable internal flight alternative...

Source-derived case information.

Citation
2023 RLLR 157
Parties
Claimant: XXXX XXXX XXXX; Respondent: Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 December 2023
Procedural Posture
Refugee Claim Under the Immigration and Refugee Protection Act / Final Decision of the Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Political Opinion, Ethnicity, State Protection, Internal Flight Alternative
Source Language
english
Immigration Refugee Law Human Rights Convention Refugee Political Opinion Ethnicity State Protection Internal Flight Alternative

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Claimant

Canada

Respondent

Procedural Posture

Refugee Claim Under the Immigration and Refugee Protection Act / Final Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether the claimant has nexus to a Convention ground (actual or imputed political opinion)
  3. 3 Credibility and identity of the claimant

Ratio Decidendi

The claimant's identity and credibility are established, his support for the Balderas party and Amhara ethnicity give rise to a nexus to political opinion, objective country evidence demonstrates risk to opposition supporters and Amharas, state protection is inadequate and no reasonable internal flight alternative exists; therefore he has a well-founded fear of persecution and is a Convention refugee under s.96 of the IRPA.

Court Disposition

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

Orders

  • Refugee claim accepted; claimant recognized as a Convention refugee pursuant to section 96 of the IRPA