2020 RLLR 68

2020 RLLR 68

The principal claimant is a Convention refugee because she belongs to the social group of women subjected to forced marriage; her testimony was credible; there is a sufficient nexus between her fear and a Convention ground; country evidence and her individual circumstances show state protection is unavailable and no...

Source-derived case information.

Citation
2020 RLLR 68
Parties
Principal Claimant: [XXX]; Minor Child Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 September 2020
Procedural Posture
Refugee Protection (convention Refugee) / Decision (refugee Protection Division Hearing)
Outcome
Principal claimant found to be a Convention refugee; minor child not found to be a refugee or person in need of protection.
Legal Topics
Forced Marriage, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Findings, Child Protection
Source Language
english
Immigration Refugee Law Human Rights Family Law Gender Based Violence Forced Marriage Gender Based Persecution State Protection +3 more

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Summary, issues, holding and outcome

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Parties

[XXX]

Principal Claimant

[XXX]

Minor Child Claimant

Procedural Posture

Refugee Protection (convention Refugee) / Decision (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether the principal claimant qualifies as a Convention refugee as a member of a particular social group (women subjected to forced marriage)
  2. 2 Whether there is a nexus between the claimant's fear and a Convention ground
  3. 3 Whether adequate state protection is available in Guinea

Ratio Decidendi

The principal claimant is a Convention refugee because she belongs to the social group of women subjected to forced marriage; her testimony was credible; there is a sufficient nexus between her fear and a Convention ground; country evidence and her individual circumstances show state protection is unavailable and no reasonable internal flight alternative exists. The minor child’s claim is rejected because no well-founded fear of persecution in the United States was established.

Court Disposition

Principal claimant found to be a Convention refugee; minor child not found to be a refugee or person in need of protection.

Orders

  • Grant refugee protection to the principal claimant (Convention refugee)
  • Reject the minor child’s claim; child is not a refugee nor a person in need of protection