2019 RLLR 212

2019 RLLR 212

Objective country evidence established pervasive gender-based violence and high prevalence of FGM, state protection is operationally ineffective and relocation within Egypt is not reasonable for these claimants; therefore they meet the s.96 Convention refugee criteria and the claim is accepted.

Citation
2019 RLLR 212
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Joined Claimant (minor Daughter): XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 January 2019
Procedural Posture
Refugee Protection Claim / Decision by Refugee Protection Division
Outcome
Claim accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Gender Based Persecution, Domestic Violence, Female Genital Mutilation, State Protection, Internal Flight Alternative, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Family Law Gender Based Violence Gender Based Persecution Domestic Violence Female Genital Mutilation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Joined Claimant (minor Daughter)

Procedural Posture

Refugee Protection Claim / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants face a well-founded fear of persecution for reasons of gender-based persecution and risk to the child from FGM
  2. 2 Whether effective state protection is available in Egypt
  3. 3 Whether an internal flight alternative within Egypt is reasonable and available

Ratio Decidendi

Objective country evidence established pervasive gender-based violence and high prevalence of FGM, state protection is operationally ineffective and relocation within Egypt is not reasonable for these claimants; therefore they meet the s.96 Convention refugee criteria and the claim is accepted.

Court Disposition

Claim accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimants recognized as Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act; claims accepted by the Refugee Protection Division