2023 RLLR 107

2023 RLLR 107

The Tribunal accepted the claimants' credible testimony and corroborating documents, found nexus to the Convention ground of membership in a particular social group (women/girls and family association), determined that Norway's operational protection was inadequate for these claimants despite state efforts, found no viable internal flight alternative, rejected exclusion under Article 1(F)(b), and therefore concluded the claimants are Convention refugees under section 96 IRPA.

Citation
2023 RLLR 107
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant #1: XXXX XXXX; Minor Claimant #2: XXXX XXXX; Minor Claimant #3: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 July 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Refugee Protection Division Determination
Outcome
Claim allowed; claimants found to be Convention refugees under section 96 of the IRPA
Legal Topics
Gender Based Persecution, State Protection, Internal Flight Alternative, Nexus, Credibility, Exclusion Article 1(f)(b), Surrogate Protection
Source Language
English
Immigration Law Refugee Law International Human Rights Law Gender Based Persecution State Protection Internal Flight Alternative Nexus Credibility +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX

Minor Claimant #1

XXXX XXXX

Minor Claimant #2

XXXX XXXX

Minor Claimant #3

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Refugee Protection Division Determination

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 IRPA
  2. 2 Whether nexus to a Convention ground exists (membership in a particular social group - women/girls and family association)
  3. 3 Whether state protection in Norway is available and operationally adequate

Ratio Decidendi

The Tribunal accepted the claimants' credible testimony and corroborating documents, found nexus to the Convention ground of membership in a particular social group (women/girls and family association), determined that Norway's operational protection was inadequate for these claimants despite state efforts, found no viable internal flight alternative, rejected exclusion under Article 1(F)(b), and therefore concluded the claimants are Convention refugees under section 96 IRPA.

Court Disposition

Claim allowed; claimants found to be Convention refugees under section 96 of the IRPA

Orders

  • Claimants recognized as Convention refugees pursuant to section 96 IRPA
  • Proceedings concluded and claims accepted by the Board