2020 RLLR 100

2020 RLLR 100

On the balance of probabilities the claimant established his personal and national identity and the core facts that he was targeted for recruitment by Al-Shabaab and fled; objective country evidence shows Al-Shabaab forcibly recruits and punishes refusals and has intelligence reach; there is no adequate state...

Source-derived case information.

Citation
2020 RLLR 100
Parties
Claimant: [XXX]; Respondent: Minister
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 March 2020
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Hearing and Decision
Outcome
Claimant accepted as a Convention refugee pursuant to section 96 of IRPA.
Legal Topics
Persecution, Credibility and Identity, State Protection, Internal Flight Alternative, Document Fraud, Imputed Political Opinion
Source Language
english
Immigration Law Refugee Law Administrative Law International Protection Persecution Credibility and Identity State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Identity and credibility of claimant
  2. 2 Whether claimant faces risk from Al-Shabaab (nexus / imputed political opinion)
  3. 3 Availability of state protection in Somalia

Ratio Decidendi

On the balance of probabilities the claimant established his personal and national identity and the core facts that he was targeted for recruitment by Al-Shabaab and fled; objective country evidence shows Al-Shabaab forcibly recruits and punishes refusals and has intelligence reach; there is no adequate state protection nor internal flight alternative in Somalia; credibility concerns about the Somali driver’s licence and some documentary inconsistencies did not outweigh corroborating evidence (Danish documents, South African refugee documents, witness testimony); therefore claimant faces a serious possibility of persecution if returned and meets the definition of a Convention refugee...

Court Disposition

Claimant accepted as a Convention refugee pursuant to section 96 of IRPA.

Orders

  • Claimant granted refugee protection