MB3-00073

MB3-00073

Although the tribunal rejected the claimant's familial/political persecution allegations for lack of credibility and insufficient corroboration, it found on the evidence as a whole, including country information on widespread gender-based violence and the claimant's profile as a young single mother, that there is a serious possibility she would be persecuted on a Convention ground (membership in a particular social group defined by gender) and therefore qualifies as a Convention refugee.

Citation
MB3-00073
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 December 2014
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision With Reasons (refugee Protection Division)
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Convention Refugee, Gender Based Persecution, Familial Association, Credibility Assessment, Internal Flight Alternative, State Protection
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Gender Based Persecution Familial Association Credibility Assessment Internal Flight Alternative +1 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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision With Reasons (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Persecution based on membership in a particular social group (gender)
  3. 3 Persecution based on familial association (father's imputed political opinion)

Ratio Decidendi

Although the tribunal rejected the claimant's familial/political persecution allegations for lack of credibility and insufficient corroboration, it found on the evidence as a whole, including country information on widespread gender-based violence and the claimant's profile as a young single mother, that there is a serious possibility she would be persecuted on a Convention ground (membership in a particular social group defined by gender) and therefore qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Claimant recognized as a Convention refugee