2020 RLLR 113

2020 RLLR 113

Claimants were found credible and established on a balance of probabilities that, as women opposing compulsory hijab, they face a serious possibility of persecution with an objective basis in country documentation, state protection is unavailable and no internal flight alternative exists, therefore they meet the definition of Convention refugees.

Citation
2020 RLLR 113
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 September 2020
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision / Determination Following Hearing
Outcome
Claimants accepted as Convention refugees; claims allowed.
Legal Topics
Gender Based Violence, Membership of a Particular Social Group, Compulsory Hijab, State Protection, Internal Flight Alternative, Child Claimant
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Membership of a Particular Social Group Compulsory Hijab State Protection Internal Flight Alternative +1 more

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Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision / Determination Following Hearing

Legal Issues

  1. 1 Whether claimants meet the definition of a Convention refugee
  2. 2 Whether persecution arises from membership in a particular social group (women opposing compulsory hijab)
  3. 3 Whether there is an objective basis for fear of persecution

Ratio Decidendi

Claimants were found credible and established on a balance of probabilities that, as women opposing compulsory hijab, they face a serious possibility of persecution with an objective basis in country documentation, state protection is unavailable and no internal flight alternative exists, therefore they meet the definition of Convention refugees.

Court Disposition

Claimants accepted as Convention refugees; claims allowed.

Orders

  • Claimants granted refugee protection (claims accepted).
  • Written decision to be provided to counsel; counsel to assist with translation to claimants.