VA9-00035

VA9-00035

The claimant is a Convention refugee because she faces a serious possibility of persecution in Haiti as a member of a particular social group (women/returnees) due to widespread sexual violence and kidnapping, and because state protection and internal flight alternatives are unavailable or ineffective, establishing the required nexus to a Convention ground.

Citation
VA9-00035
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2011
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision (refugee Protection Division Hearing)
Outcome
Claim accepted; claimant recognized as a Convention refugee.
Legal Topics
Gender Based Persecution, Sexual Violence, Generalized Violence, State Protection, Internal Flight Alternative, Particular Social Group
Source Language
English
Immigration and Refugee Law Human Rights Gender Based Persecution Sexual Violence Generalized Violence State Protection Internal Flight Alternative Particular Social Group

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (convention Refugee Claim) / Decision (refugee Protection Division Hearing)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 based on membership of a particular social group (women/returnees)
  2. 2 Whether sexual violence and kidnapping in Haiti amount to persecution linked to a Convention ground
  3. 3 Whether state protection and internal flight alternative are available

Ratio Decidendi

The claimant is a Convention refugee because she faces a serious possibility of persecution in Haiti as a member of a particular social group (women/returnees) due to widespread sexual violence and kidnapping, and because state protection and internal flight alternatives are unavailable or ineffective, establishing the required nexus to a Convention ground.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee.

Orders

  • Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.