VA9-01006

VA9-01006

The principal claimant and his wife are Convention refugees because denial of necessary ARV treatment in Zimbabwe is causally linked to their political opinion (non-support of ZANU-PF) and carries a serious possibility of death; state protection and internal flight alternatives are unavailable. The sons do not face a serious possibility of persecution as their risks are generalized, amounting at most to social stigma, and lack the required nexus or severity.

Citation
VA9-01006
Parties
Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2009
Procedural Posture
Refugee Protection (irpa) / Reasons and Decision (final)
Outcome
Partially allowed: refugee protection granted to the principal claimant and his wife; claims of the two sons rejected.
Legal Topics
Hiv/aids, Access to Medical Treatment, Political Opinion, Persecution, Internal Flight Alternative, Family, Stigmatisation
Source Language
English
Immigration Refugee Law Human Rights Health Law Hiv/aids Access to Medical Treatment Political Opinion Persecution +3 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa) / Reasons and Decision (final)

Legal Issues

  1. 1 Whether the principal claimant and spouse qualify as Convention refugees under s.96 of the IRPA based on denial of ARV treatment linked to political opinion
  2. 2 Whether the couple face a risk to life or cruel and unusual treatment due to lack of ARVs
  3. 3 Whether the two children face persecution based on family membership or stigma

Ratio Decidendi

The principal claimant and his wife are Convention refugees because denial of necessary ARV treatment in Zimbabwe is causally linked to their political opinion (non-support of ZANU-PF) and carries a serious possibility of death; state protection and internal flight alternatives are unavailable. The sons do not face a serious possibility of persecution as their risks are generalized, amounting at most to social stigma, and lack the required nexus or severity.

Court Disposition

Partially allowed: refugee protection granted to the principal claimant and his wife; claims of the two sons rejected.

Orders

  • Accept refugee claims of the principal claimant and the associated claimant (wife) as Convention refugees under section 96 of the IRPA.
  • Reject refugee claims of the two sons; they are not Convention refugees or persons in need of protection.