TB2-12427

TB2-12427

The panel accepted the claimant as a credible witness, found her fear linked to membership of a particular social group (women subjected to sexual exploitation/trafficking by Russian mafia), and on the totality of documentary and testimonial evidence concluded state protection in Russia is inadequate due to corruption and weak victim assistance; therefore her fear is well‑founded and she qualifies as a Convention refugee under section 96 IRPA.

Citation
TB2-12427
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2014
Procedural Posture
Refugee Protection / Decision
Outcome
Claim granted; claimant found to be a Convention refugee under section 96 IRPA
Legal Topics
Credibility Assessment, State Protection, Particular Social Group, Victim of Trafficking, Chairperson's Gender Guidelines
Source Language
English
Immigration Law Refugee Law Human Trafficking Gender Based Violence Credibility Assessment State Protection Particular Social Group Victim of Trafficking +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision

Legal Issues

  1. 1 Whether claimant's allegations are credible
  2. 2 Whether claimant's fear is linked to a Convention ground (particular social group)
  3. 3 Whether state protection in Russia is available and effective

Ratio Decidendi

The panel accepted the claimant as a credible witness, found her fear linked to membership of a particular social group (women subjected to sexual exploitation/trafficking by Russian mafia), and on the totality of documentary and testimonial evidence concluded state protection in Russia is inadequate due to corruption and weak victim assistance; therefore her fear is well‑founded and she qualifies as a Convention refugee under section 96 IRPA.

Court Disposition

Claim granted; claimant found to be a Convention refugee under section 96 IRPA

Orders

  • Refugee Protection Division accepts the claim of XXXX XXXX
  • Claimant granted protection as a Convention refugee