TB4-05399

TB4-05399

The principal male claimant is a Convention refugee because his government employment gives rise to an imputed political opinion making him a target of the Taliban, state protection in Afghanistan is inadequate and no reasonable internal flight alternative exists; the female claimant and the two minor claimants failed to demonstrate a serious possibility of persecution because documentary evidence and credibility findings showed the risk of forced sterilization and other harms to be speculative or unlikely.

Citation
TB4-05399
Parties
Principal Claimant: XXXX XXXX; Claimant: XXXX XXXX; Minor Claimant (older): XXXX XXXX (a.k.a. XXXX XXXX XXXX); Minor Claimant (younger): XXXX XXXX XXXX; Respondent: Minister (respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 February 2015
Procedural Posture
Refugee Protection Claim / Decision on Claim Following Hearing and Reasons
Outcome
Principal male claimant accepted as a Convention refugee; claims of the female claimant and both minor claimants rejected.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, One Child Policy, Citizenship
Source Language
English
Immigration Refugee Law Nationality Law Administrative Law Convention Refugee Persecution State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Claimant

XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Minor Claimant (older)

XXXX XXXX XXXX

Minor Claimant (younger)

Minister (respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Claim Following Hearing and Reasons

Legal Issues

  1. 1 Whether the principal male claimant is a Convention refugee based on imputed political opinion
  2. 2 Whether the female claimant faces a real risk of non-consensual sterilization under China\'s one-child policy
  3. 3 Whether the minor claimants face a serious possibility of persecution in their countries of citizenship

Ratio Decidendi

The principal male claimant is a Convention refugee because his government employment gives rise to an imputed political opinion making him a target of the Taliban, state protection in Afghanistan is inadequate and no reasonable internal flight alternative exists; the female claimant and the two minor claimants failed to demonstrate a serious possibility of persecution because documentary evidence and credibility findings showed the risk of forced sterilization and other harms to be speculative or unlikely.

Court Disposition

Principal male claimant accepted as a Convention refugee; claims of the female claimant and both minor claimants rejected.

Orders

  • Convention refugee status granted to principal male claimant XXXX XXXX
  • Claims of XXXX XXXX, XXXX XXXX (a.k.a. XXXX XXXX XXXX) and XXXX XXXX XXXX are rejected