2019 RLLR 17

2019 RLLR 17

The panel accepted the claimant's credible testimony and documentary evidence that both mother and child face a serious possibility of persecution in Iran on grounds of membership of a particular social group (women fearing gender‑related violence); state protection is unavailable because the persecution is systemic and law‑enforced, and there is no viable internal flight alternative, therefore both are Convention refugees.

Citation
2019 RLLR 17
Parties
Claimant: [XXX] TB8-18215 (mother); Claimant: [XXX] TB8-18301 (minor)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 November 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision
Outcome
Claim allowed; both claimants found to be Convention refugees
Legal Topics
Gender Based Persecution, Domestic Violence, Particular Social Group, State Protection, Internal Flight Alternative, Religious Persecution, Apostasy
Source Language
English
Immigration and Refugee Law Human Rights Gender Based Persecution Domestic Violence Particular Social Group State Protection Internal Flight Alternative Religious Persecution +1 more

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Parties

[XXX] TB8-18215 (mother)

Claimant

[XXX] TB8-18301 (minor)

Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants are Convention refugees based on membership of a particular social group (women fearing gender-related violence)
  2. 2 Credibility of the principal claimant
  3. 3 Nexus between feared harm and a Convention ground

Ratio Decidendi

The panel accepted the claimant's credible testimony and documentary evidence that both mother and child face a serious possibility of persecution in Iran on grounds of membership of a particular social group (women fearing gender‑related violence); state protection is unavailable because the persecution is systemic and law‑enforced, and there is no viable internal flight alternative, therefore both are Convention refugees.

Court Disposition

Claim allowed; both claimants found to be Convention refugees

Orders

  • Both claimants (mother TB8-18215 and minor TB8-18301) are determined to be Convention refugees and their claims are accepted by the RPD