TB8-16196

TB8-16196

The male guardianship system in Jordan creates an atmosphere of gender‑based intolerance and, when considered cumulatively with its concrete consequences and the Appellants' personal circumstances, gives rise to a serious possibility of persecution for the Principal Appellant as an unaccompanied woman and derivatively for her son; Jordan cannot provide operationally adequate state protection nor a safe internal flight alternative; additionally the Principal Appellant faces a serious possibility of persecution in Syria on account of imputed anti‑government political opinion and lacks state protection there; accordingly the Appellants meet the Convention refugee definition and the appeal is...

Citation
TB8-16196
Parties
Appellant: Principal Appellant (name redacted); Appellant: Minor Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 June 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Particular Social Group, State Protection, Internal Flight Alternative, Convention Refugee Determination, Imputed Political Opinion, Nationality Law, Male Guardianship
Source Language
English
Immigration and Refugee Law Human Rights Law Gender Based Violence Particular Social Group State Protection Internal Flight Alternative Convention Refugee Determination Imputed Political Opinion +2 more

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Parties

Principal Appellant (name redacted)

Appellant

Minor Appellant (name redacted)

Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD applied the correct legal standard for well‑founded fear
  2. 2 Whether the Principal Appellant is a member of a particular social group as an unaccompanied woman subject to male guardianship
  3. 3 Whether the Minor Appellant has a derivative claim as the child of the Principal Appellant

Ratio Decidendi

The male guardianship system in Jordan creates an atmosphere of gender‑based intolerance and, when considered cumulatively with its concrete consequences and the Appellants' personal circumstances, gives rise to a serious possibility of persecution for the Principal Appellant as an unaccompanied woman and derivatively for her son; Jordan cannot provide operationally adequate state protection nor a safe internal flight alternative; additionally the Principal Appellant faces a serious possibility of persecution in Syria on account of imputed anti‑government political opinion and lacks state protection there; accordingly the Appellants meet the Convention refugee definition and the appeal is...

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substituted decision: Appellants are declared Convention refugees