2023 RLLR 258

2023 RLLR 258

The claimant was found to be a Convention refugee because credible testimony and corroborating documents established a well-founded fear of persecution in the DRC for Banyamulenge ethnicity and in South Africa for his DRC nationality and activism; although he held South African refugee status (raising Article 1E...

Source-derived case information.

Citation
2023 RLLR 258
Parties
Claimant: XXXX XXXX; Respondent: Democratic Republic of the Congo; Respondent: South Africa
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 October 2023
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the IRPA.
Legal Topics
Convention Refugee, Article 1 E Exclusion, State Protection, Internal Flight Alternative, Xenophobia and Vigilante Violence
Source Language
en
Immigration Law Refugee Law Human Rights Law Convention Refugee Article 1 E Exclusion State Protection Internal Flight Alternative Xenophobia and Vigilante Violence

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Parties

XXXX XXXX

Claimant

Democratic Republic of the Congo

Respondent

South Africa

Respondent

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Decision

  1. 1 Whether claimant has a well-founded fear of persecution in the DRC based on Banyamulenge ethnicity
  2. 2 Whether claimant faces a well-founded fear of persecution in South Africa based on nationality and targeted attacks by Operation Dudula
  3. 3 Whether the claimant is excluded from protection under Article 1E because of his South African refugee status

Ratio Decidendi

The claimant was found to be a Convention refugee because credible testimony and corroborating documents established a well-founded fear of persecution in the DRC for Banyamulenge ethnicity and in South Africa for his DRC nationality and activism; although he held South African refugee status (raising Article 1E issues), the RPD conducted the required risk assessment and found South Africa did not provide effective state protection and no viable internal flight alternative existed, so exclusion under Article 1E did not defeat his claim under s.96.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the IRPA.