VA8-04339

VA8-04339

Claimant was found credible and established past persecution and a real risk of future persecution for reasons of religion and imputed political opinion; state protection and internal flight alternative are not reasonably available, therefore claimant meets the definition of a Convention refugee under ss.96 and 97(1) of the IRPA.

Citation
VA8-04339
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 April 2010
Procedural Posture
Refugee Protection Claim / Hearing and Decision (oral Decision Rendered; Written Reasons Issued)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Persecution, Religious Freedom, Imputed Political Opinion, Arrest and Detention, State Protection, Internal Flight Alternative, Illegal Exit, Debtors' Prison
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persecution Religious Freedom Imputed Political Opinion Arrest and Detention +4 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (oral Decision Rendered; Written Reasons Issued)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee
  2. 2 Whether claimant's testimony is credible
  3. 3 Whether persecution is linked to a Convention ground (religion and imputed political opinion)

Ratio Decidendi

Claimant was found credible and established past persecution and a real risk of future persecution for reasons of religion and imputed political opinion; state protection and internal flight alternative are not reasonably available, therefore claimant meets the definition of a Convention refugee under ss.96 and 97(1) of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claim accepted; claimant recognized as a Convention refugee