TA2-00417

TA2-00417

The decision rests on findings that the claimant was credible and properly identified, that forced levirate marriage is a local practice with no effective state protection in her home area, that internal relocation (Lagos) was not reasonable for her, and therefore she has an objectively well-founded fear of persecution as a member of the particular social group 'women subject to forced levirate marriage', making her a Convention refugee.

Citation
TA2-00417
Parties
Claimant: XXXXXXXXXXXXXX; Refugee Protection Officer: A. Lin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 November 2002
Procedural Posture
Refugee Protection Claim (immigration and Refugee Board Refugee Protection Division) / Decision Following Hearing
Outcome
Claimant declared a Convention refugee; claim allowed.
Legal Topics
Forced Marriage, Levirate Marriage, Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Identity
Source Language
English
Immigration Refugee Protection Human Rights Gender Based Persecution Family Law Forced Marriage Levirate Marriage Particular Social Group +3 more

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Parties

XXXXXXXXXXXXXX

Claimant

A. Lin

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim (immigration and Refugee Board Refugee Protection Division) / Decision Following Hearing

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Personal identity and documentary discrepancies
  3. 3 Whether claimant is a member of a particular social group (women subject to forced levirate marriage)

Ratio Decidendi

The decision rests on findings that the claimant was credible and properly identified, that forced levirate marriage is a local practice with no effective state protection in her home area, that internal relocation (Lagos) was not reasonable for her, and therefore she has an objectively well-founded fear of persecution as a member of the particular social group 'women subject to forced levirate marriage', making her a Convention refugee.

Court Disposition

Claimant declared a Convention refugee; claim allowed.

Orders

  • Decision dated 13 November 2002 finding the claimant to be a Convention refugee and granting refugee protection