VB0-03191

VB0-03191

The principal claimant is a Convention refugee because she faces a well‑founded fear of persecution as a woman who refused a forced marriage, received direct threats and physical assault, and cannot obtain effective state protection nor a reasonable internal flight alternative in Afghanistan. The associated claimant fails because there is no evidence of a personalized threat against him, the persecutor does not know him, the risk to him is speculative and below the required threshold, and family unity does not itself confer refugee status under the statutory definition.

Citation
VB0-03191
Parties
Principal Claimant: XXXXXXXXXXX; Associated Claimant: XXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 December 2011
Procedural Posture
Refugee Protection Claim / Decision on Refugee Claim After Hearing
Outcome
Principal claimant accepted as a Convention refugee; associated claimant rejected as a Convention refugee and as a person in need of protection
Legal Topics
Particular Social Group, Gender Based Persecution, Forced Marriage, Internal Flight Alternative, State Protection, Family Unity, Convention Refugee, Person in Need of Protection
Source Language
English
Refugee Law Immigration Law Human Rights Law Particular Social Group Gender Based Persecution Forced Marriage Internal Flight Alternative State Protection +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

XXXXXXXXXXX

Principal Claimant

XXXXXXXX

Associated Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Refugee Claim After Hearing

Legal Issues

  1. 1 Whether principal claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether associated claimant is a Convention refugee under s.96 of the IRPA
  3. 3 Whether associated claimant is a person in need of protection under s.97 of the IRPA

Ratio Decidendi

The principal claimant is a Convention refugee because she faces a well‑founded fear of persecution as a woman who refused a forced marriage, received direct threats and physical assault, and cannot obtain effective state protection nor a reasonable internal flight alternative in Afghanistan. The associated claimant fails because there is no evidence of a personalized threat against him, the persecutor does not know him, the risk to him is speculative and below the required threshold, and family unity does not itself confer refugee status under the statutory definition.

Court Disposition

Principal claimant accepted as a Convention refugee; associated claimant rejected as a Convention refugee and as a person in need of protection

Orders

  • Accept claim of principal claimant as Convention refugee under s.96 IRPA
  • Reject claim of associated claimant under s.96 and s.97 IRPA