VA7-02101

VA7-02101

On a balance of probabilities the credible objective evidence (reports from NHRCK, WHO, National Empowerment Center and expert observations) establishes that persons with mental illness in Korea routinely suffer human rights violations and that the identified state remedies and reforms are inadequate to protect the principal claimant; the associate claimant would be placed in state care where she faces a real risk of denial of basic rights; therefore both claimants qualify as Convention refugees.

Citation
VA7-02101
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Associate Claimant/minor: XXXXX (XXXXX) XXXXX; Respondent: Minister (Canada); Designated Representative: Warren Puddicombe; Designated Representative for Minor: Ministry of Children and Family
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2008
Procedural Posture
Refugee Protection / Decision After Hearing and Resumption
Outcome
Both claimants found to be Convention refugees (claim allowed)
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Involuntary Hospitalization, Best Interests of the Child, Internal Flight Alternative, Persecution, Credibility
Source Language
English
Refugee Law Immigration Human Rights Mental Health Child Welfare Convention Refugee Particular Social Group State Protection +5 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX (XXXXX) XXXXX

Associate Claimant/minor

Minister (Canada)

Respondent

Warren Puddicombe

Designated Representative

Ministry of Children and Family

Designated Representative for Minor

Procedural Posture

Refugee Protection / Decision After Hearing and Resumption

Legal Issues

  1. 1 Whether mental illness or perceived mental illness constitutes a particular social group
  2. 2 Whether the Republic of Korea can provide adequate state protection to the mentally ill
  3. 3 Whether the minor is at risk as a family member/child of a mentally ill person

Ratio Decidendi

On a balance of probabilities the credible objective evidence (reports from NHRCK, WHO, National Empowerment Center and expert observations) establishes that persons with mental illness in Korea routinely suffer human rights violations and that the identified state remedies and reforms are inadequate to protect the principal claimant; the associate claimant would be placed in state care where she faces a real risk of denial of basic rights; therefore both claimants qualify as Convention refugees.

Court Disposition

Both claimants found to be Convention refugees (claim allowed)

Orders

  • Both claimants are granted refugee protection as Convention refugees