TA5-11525

The panel accepted the claimant's credible testimony and corroborating documents establishing membership in MASSOB and two arrests by state police, found objective country evidence that MASSOB members face harassment and that state protection is unavailable, and therefore concluded the claimant is a Convention refugee.

Citation: TA5-11525
Parties: Claimant: XXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXX); Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 24 May 2006
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)
Outcome: Claim accepted; claimant found to be a Convention refugee.
Legal Topics: Convention Refugee, Political Opinion, State Protection, Credibility Assessment
Source Language: English

Immigration Refugee Law Human Rights Convention Refugee Political Opinion State Protection Credibility Assessment

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

XXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)

Legal Issues

1 Whether the claimant qualifies as a Convention refugee
2 Whether claimant was persecuted for his political opinion as a MASSOB member
3 Whether state protection is available and effective

Ratio Decidendi

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

Claimant granted refugee protection