2019 RLLR 98

2019 RLLR 98

The panel accepted the claimant's account on a balance of probabilities, found credible objective country evidence that tribal dynamics and police failures can leave individuals vulnerable to honour-based violence, determined the claimant rebutted the presumption of state protection and that no internal flight alternative existed, and therefore concluded he is a person in need of protection under s.97(1) IRPA.

Citation
2019 RLLR 98
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 September 2019
Procedural Posture
Refugee Protection Claim / Decision at Refugee Protection Division
Outcome
Claim accepted; claimant found to be a person in need of protection under s.97(1) IRPA
Legal Topics
Fear of Persecution, Honour Killing, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Protection Human Rights Fear of Persecution Honour Killing State Protection Internal Flight Alternative Credibility

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant faces a risk of harm on return to Jordan
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether the Jordanian state would be willing or able to protect the claimant

Ratio Decidendi

The panel accepted the claimant's account on a balance of probabilities, found credible objective country evidence that tribal dynamics and police failures can leave individuals vulnerable to honour-based violence, determined the claimant rebutted the presumption of state protection and that no internal flight alternative existed, and therefore concluded he is a person in need of protection under s.97(1) IRPA.

Court Disposition

Claim accepted; claimant found to be a person in need of protection under s.97(1) IRPA

Orders

  • Claim accepted; claimant found to be a person in need of protection pursuant to section 97(1) of the IRPA
  • Removal to Jordan may subject the claimant to risk to life, cruel and unusual treatment or punishment, or danger of torture