MB2-06515

MB2-06515

The tribunal accepted the claimant's credible testimony, found documentary country evidence establishes systemic, targeted attacks on Hindus and inadequate state protection, and concluded that these facts give rise to a well‑founded fear of persecution on religious grounds and no viable internal flight alternative; therefore the claimant qualifies as a Convention refugee.

Citation
MB2-06515
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 April 2015
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision
Outcome
Claim allowed; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Persecution (religion), State Protection, Credibility Assessment, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law Persecution (religion) State Protection Credibility Assessment Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant has a well‑founded fear of persecution based on religion
  2. 2 Whether effective state protection is available in Bangladesh
  3. 3 Whether an internal flight alternative exists

Ratio Decidendi

The tribunal accepted the claimant's credible testimony, found documentary country evidence establishes systemic, targeted attacks on Hindus and inadequate state protection, and concluded that these facts give rise to a well‑founded fear of persecution on religious grounds and no viable internal flight alternative; therefore the claimant qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claim allowed; Convention refugee status granted