2022 RLLR 7

2022 RLLR 7

The claimant's testimony was credible and corroborated; objective country evidence established pervasive gender-based discrimination and violence in Yemen; state protection was unavailable and internal relocation was unreasonable for an elderly divorced woman without male support; nexus to the Convention ground of membership in a particular social group (women) was established, therefore the claimant has a well-founded fear of persecution and is a Convention refugee under section 96.

Citation
2022 RLLR 7
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 March 2022
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Gender Based Persecution, Internal Flight Alternative, State Protection, Credibility Assessment, Nexus to Convention Ground, Well Founded Fear
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Persecution Internal Flight Alternative State Protection Credibility Assessment Nexus to Convention Ground +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee based on membership in a particular social group (women)
  2. 2 Credibility of the claimant's testimony and documentary evidence
  3. 3 Availability and adequacy of state protection in Yemen

Ratio Decidendi

The claimant's testimony was credible and corroborated; objective country evidence established pervasive gender-based discrimination and violence in Yemen; state protection was unavailable and internal relocation was unreasonable for an elderly divorced woman without male support; nexus to the Convention ground of membership in a particular social group (women) was established, therefore the claimant has a well-founded fear of persecution and is a Convention refugee under section 96.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.