MA8-17249

MA8-17249

The claimants are Convention refugees because they are members of the particular social group 'abused family/spouse' and, on the evidence, effective State protection and a practical internal flight alternative were not available: language barriers and an unfair mediation without independent interpretation in France (and lack of protection in Syria) meant the claimants could not obtain protection, establishing a well-founded fear of persecution.

Citation
MA8-17249
Parties
Claimant: XXXXXX XXXXXX XXXXXX; Claimant: XXXX XXXXXXX; Claimant: XXXXX XXXXXXX; Claimant's Counsel: Me Rezaur Rahman; Minister's Counsel: S/O; Panel Member/decision Maker: Me Gilles Guénette; Tribunal Officer: Josée Besner; Designated Representative: XXXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 April 2011
Procedural Posture
Refugee Protection Claim (convention Refugee) / Oral Hearing and Decision (oral Reasons)
Outcome
Claimants found to be Convention refugees
Legal Topics
Particular Social Group, Domestic Violence, State Protection, Internal Flight Alternative, Credibility, Interpretation Services, Access to Remedies, Multiple Nationality, Children
Source Language
English
Immigration Law Refugee Law Human Rights Law Particular Social Group Domestic Violence State Protection Internal Flight Alternative Credibility +4 more

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Parties

XXXXXX XXXXXX XXXXXX

Claimant

XXXX XXXXXXX

Claimant

XXXXX XXXXXXX

Claimant

Me Rezaur Rahman

Claimant's Counsel

S/O

Minister's Counsel

Me Gilles Guénette

Panel Member/decision Maker

Josée Besner

Tribunal Officer

XXXXX XXXXXX XXXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (convention Refugee) / Oral Hearing and Decision (oral Reasons)

Legal Issues

  1. 1 Identity and credibility of claimants
  2. 2 Whether claimants form a particular social group (abused spouse/family)
  3. 3 Availability of State protection in France

Ratio Decidendi

The claimants are Convention refugees because they are members of the particular social group 'abused family/spouse' and, on the evidence, effective State protection and a practical internal flight alternative were not available: language barriers and an unfair mediation without independent interpretation in France (and lack of protection in Syria) meant the claimants could not obtain protection, establishing a well-founded fear of persecution.

Court Disposition

Claimants found to be Convention refugees

Orders

  • Four claimants determined to be Convention refugees in Canada