TB3-00879

TB3-00879

Claimant proved on the balance of probabilities that she is an active Ahmadi and credible; objective country documentation (UNHCR NDP item 1.8) and claimant’s history establish a nexus to religion, demonstrate lack of effective state protection and absence of a viable internal flight alternative; therefore claimant meets the Convention refugee definition and the claim is accepted.

Citation
TB3-00879
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 October 2013
Procedural Posture
Refugee Protection (convention Refugee) / Hearing – Decision Rendered
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Religion Based Persecution, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Religion Based Persecution State Protection Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (convention Refugee) / Hearing – Decision Rendered

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Credibility of the claimant and corroboration of religious identity
  3. 3 Availability and effectiveness of state protection in Pakistan

Ratio Decidendi

Claimant proved on the balance of probabilities that she is an active Ahmadi and credible; objective country documentation (UNHCR NDP item 1.8) and claimant’s history establish a nexus to religion, demonstrate lack of effective state protection and absence of a viable internal flight alternative; therefore claimant meets the Convention refugee definition and the claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claim accepted and refugee protection granted to the claimant