MB7-13861

MB7-13861

Claimant's testimony was credible and supported by documentary evidence; he demonstrated a serious possibility of persecution for political opinion as a journalist, rebutted the presumption of state protection, showed internal flight alternative was not viable, and was not excluded under Article 1E because he did not obtain permanent residence in Brazil; therefore he qualifies as a Convention refugee.

Citation
MB7-13861
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 February 2019
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision After Hearing (refugee Protection Division)
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Persecution, Political Opinion, Exclusion (article 1 E), State Protection, Internal Flight Alternative, Credibility, Journalism and Freedom of the Press
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law (gang Violence) Persecution Political Opinion Exclusion (article 1 E) State Protection +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Exclusion under Article 1E
  2. 2 Credibility of claimant
  3. 3 State protection availability

Ratio Decidendi

Claimant's testimony was credible and supported by documentary evidence; he demonstrated a serious possibility of persecution for political opinion as a journalist, rebutted the presumption of state protection, showed internal flight alternative was not viable, and was not excluded under Article 1E because he did not obtain permanent residence in Brazil; therefore he qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Refugee protection claim allowed; claimant is a Convention refugee
  • Proceedings held in private (huis clos)