VB4-02006

VB4-02006

Panel accepted claimant's credible evidence that he volunteered with SRD in 2012 and that his humanitarian aid profile and oppositional activity have placed him and similarly situated persons at more than a mere possibility of persecution by state actors; state protection and internal relocation are not reasonable, hence claimant qualifies as a Convention refugee under s.96 of the Act.

Citation
VB4-02006
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 December 2014
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Hearing and Written Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Nexus
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative Credibility and Nexus

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Hearing and Written Decision

Legal Issues

  1. 1 Whether claimant was a humanitarian aid worker with Syrian Relief and Development Organization (SRD)
  2. 2 Whether claimant's profile places him at a serious possibility of persecution on a Convention ground (membership in a particular social group and imputed political opinion)
  3. 3 Credibility issues including omissions and inconsistencies (undisclosed trips to Bulgaria, length of SRD service)

Ratio Decidendi

Panel accepted claimant's credible evidence that he volunteered with SRD in 2012 and that his humanitarian aid profile and oppositional activity have placed him and similarly situated persons at more than a mere possibility of persecution by state actors; state protection and internal relocation are not reasonable, hence claimant qualifies as a Convention refugee under s.96 of the Act.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted and claimant recognized as a Convention refugee under s.96 of the Act
  • No analysis under section 97 of the Act required