MA6-05174

MA6-05174

Given credible evidence that the claimants, as members of the Old Order Benedictine Amish Community, suffered cumulative acts of harassment culminating in a shooting by a Deputy Sheriff and that local/state protection was unavailable or ineffective, the Member found the presumption of US state protection rebutted on clear and convincing evidence and held the claimants meet the definition of Convention refugees under s.96 IRPA.

Citation
MA6-05174
Parties
Claimant (family Head): XXXXX XXXXX; Spouse: XXXXX XXXXX; Child: XXXXX XXXXX; Child (minor): XXXXX XXXXX; Respondent: Minister of Citizenship and Immigration; Decision Maker: Immigration and Refugee Board - Member William Davis
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 December 2007
Procedural Posture
Refugee Protection Convention Refugee Claim Under IRPA S.96 / Determination by Refugee Protection Division After Oral Hearing and Written Submissions
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of IRPA.
Legal Topics
Refugee Protection Division, Religious Practice, Freedom of Religion, Military Service, Forced Recruitment, Conscientious Objection, Law of General Application, Sojourning, Reavailment, Vulnerable Groups, Religious Persecution, Security of the Person, Family (male/spouse/children), State Protection
Source Language
English
Refugee Law Immigration Human Rights Administrative Law Refugee Protection Division Religious Practice Freedom of Religion Military Service +10 more

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Parties

XXXXX XXXXX

Claimant (family Head)

XXXXX XXXXX

Spouse

XXXXX XXXXX

Child

XXXXX XXXXX

Child (minor)

Minister of Citizenship and Immigration

Respondent

Immigration and Refugee Board - Member William Davis

Decision Maker

Procedural Posture

Refugee Protection Convention Refugee Claim Under IRPA S.96 / Determination by Refugee Protection Division After Oral Hearing and Written Submissions

Legal Issues

  1. 1 Whether claimants are Convention refugees under IRPA s.96 as members of a particular social group (Amish)
  2. 2 Whether cumulative discrimination and harassment amount to persecution
  3. 3 Whether the United States can be presumed to provide state protection or that presumption is rebutted

Ratio Decidendi

Given credible evidence that the claimants, as members of the Old Order Benedictine Amish Community, suffered cumulative acts of harassment culminating in a shooting by a Deputy Sheriff and that local/state protection was unavailable or ineffective, the Member found the presumption of US state protection rebutted on clear and convincing evidence and held the claimants meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of IRPA.

Orders

  • Claims of the named claimants accepted and determination to be transmitted to the Minister of Citizenship and Immigration for any further action