MB6-02506

MB6-02506

The claimant was found credible and, as a high-profile woman who provided services to women victims and whose US trip was publicized, faces a serious possibility of persecution by the Taliban and others in Afghanistan; the state cannot provide effective protection and internal flight is not reasonably available, therefore she qualifies as a Convention refugee.

Citation
MB6-02506
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 July 2016
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Outcome
Claim allowed; claimant recognized as a Convention refugee.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Gender Based Persecution, Persecution of Women
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group State Protection Internal Flight Alternative Gender Based Persecution +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

Claimant (asylum Seeker)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee by membership in a particular social group (high-profile woman/worker with shelters)
  2. 2 Whether effective state protection is available in Afghanistan for the claimant
  3. 3 Whether an internal flight alternative exists within Afghanistan for the claimant

Ratio Decidendi

The claimant was found credible and, as a high-profile woman who provided services to women victims and whose US trip was publicized, faces a serious possibility of persecution by the Taliban and others in Afghanistan; the state cannot provide effective protection and internal flight is not reasonably available, therefore she qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee.

Orders

  • Refugee protection claim allowed; claimant recognized as a Convention refugee and granted protection.