MA2-02104

MA2-02104

The claimant was found credible and, although the harm was motivated principally by his investigative work rather than a demonstrated political opinion or membership in a social group, there is objective evidence of a real risk to his life from powerful former agents and military figures; accordingly he meets the statutory test for a person in need of protection under s.97(1)(b) of the IRPA and his claim is accepted.

Citation
MA2-02104
Parties
Claimant: XXXXXXXXXXXX; Refugee Protection Officer: Myriam De Bailleul; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 December 2002
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim accepted; claimant determined to be a person in need of protection pursuant to section 97(1)(b) of the Immigration and Refugee Protection Act
Legal Topics
Person in Need of Protection, Convention Refugee, Risk to Life, Persecution, Political Opinion, Membership of a Social Group, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Person in Need of Protection Convention Refugee Risk to Life Persecution Political Opinion +2 more

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Parties

XXXXXXXXXXXX

Claimant

Myriam De Bailleul

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a person in need of protection under s.97(1)(b) of the IRPA
  2. 2 Whether the claimant was persecuted or would be persecuted for political opinion or an imputed political opinion
  3. 3 Whether the claimant was targeted as a member of a particular social group

Ratio Decidendi

The claimant was found credible and, although the harm was motivated principally by his investigative work rather than a demonstrated political opinion or membership in a social group, there is objective evidence of a real risk to his life from powerful former agents and military figures; accordingly he meets the statutory test for a person in need of protection under s.97(1)(b) of the IRPA and his claim is accepted.

Court Disposition

Claim accepted; claimant determined to be a person in need of protection pursuant to section 97(1)(b) of the Immigration and Refugee Protection Act

Orders

  • Claim for refugee protection accepted
  • Claimant recognized as a person in need of protection under s.97(1)(b) IRPA