TA2-14581

The claimant is a Convention refugee because his mixed Sunni-Shia marriage and his repudiation of a local Mullah's authority caused targeted persecution by the Mullah and the Sipah-e-Sahaba, police protection was not reasonably forthcoming and relocation within Pakistan was not a viable means of avoiding the risk.

Citation: TA2-14581
Parties: Claimant: XXXXXXXXXXXXXXXXX; Designated Representative: Refugee Protection Officer; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 16 September 2003
Procedural Posture: Refugee Protection Claim (convention Refugee) / Hearing and Decision
Outcome: Claim accepted; claimant found to be a Convention refugee
Legal Topics: Convention Refugee, Particular Social Group, State Protection, Internal Relocation, Persecution, Honour Crimes, Religious Extremist Groups
Source Language: English

Immigration Refugee Law Human Rights Convention Refugee Particular Social Group State Protection Internal Relocation Persecution +2 more

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Parties

XXXXXXXXXXXXXXXXX

Claimant

Refugee Protection Officer

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee) / Hearing and Decision

Legal Issues

1 Whether claimant is a Convention refugee
2 Whether mixed Sunni-Shia marriage constitutes a particular social group
3 Whether persecution was by non-state actors and state protection was unavailable

Ratio Decidendi

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

Refugee Protection Division accepts the claim for protection and grants refugee status