MC0-10945

MC0-10945

The RAD allowed the appeal, finding on the balance of probabilities that the threats and attempted kidnapping were linked to the brother-in-law's whistleblowing activities, creating an imputed political opinion nexus; because the persecutors are likely connected to state agents, state protection and a viable internal flight alternative are unavailable, and therefore the appellants are Convention refugees.

Citation
MC0-10945
Parties
Appellants: XXXX XXXX XXXX and her children; Designated Representative: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Disposition)
Outcome
Appeal allowed; decision of the Refugee Protection Division set aside; appellants found to be Convention refugees.
Legal Topics
Convention Refugee, Imputed Political Opinion, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility and Evidentiary Sufficiency, Standard of Proof (balance of Probabilities)
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Imputed Political Opinion Gender Based Persecution State Protection Internal Flight Alternative +2 more

Case Brief

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Parties

XXXX XXXX XXXX and her children

Appellants

XXXX XXXX XXXX

Designated Representative

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Disposition)

Legal Issues

  1. 1 Whether the threats and kidnapping attempt against the appellants are linked to the brother-in-law's whistleblowing activities
  2. 2 Whether appellants face a prospective risk of persecution on return to Uganda
  3. 3 Whether state protection is available

Ratio Decidendi

The RAD allowed the appeal, finding on the balance of probabilities that the threats and attempted kidnapping were linked to the brother-in-law's whistleblowing activities, creating an imputed political opinion nexus; because the persecutors are likely connected to state agents, state protection and a viable internal flight alternative are unavailable, and therefore the appellants are Convention refugees.

Court Disposition

Appeal allowed; decision of the Refugee Protection Division set aside; appellants found to be Convention refugees.

Orders

  • Set aside RPD decision MC0-10945/10946/10947/10948
  • Substitute decision that XXXX XXXX XXXX and her children are Convention refugees