TB4-07186

TB4-07186

The panel accepted the claimants as Convention refugees because it found them credible, their profile as Iraqi Christians (and women for three claimants) exposed them to a real risk of persecution by ISIS, state protection in Iraq is not reasonably available, and relocation to Erbil is not a reasonable internal flight alternative given the claimants' circumstances and country conditions.

Citation
TB4-07186
Parties
Claimants (family of Four): XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Refugee Protection Officer; Decision Maker (member, Refugee Protection Division): Catherine Gaudet
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 June 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Decision; Written Reasons Issued
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Credibility Assessment

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimants (family of Four)

Refugee Protection Officer

Respondent

Catherine Gaudet

Decision Maker (member, Refugee Protection Division)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Decision; Written Reasons Issued

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Credibility of the claimants' testimony
  3. 3 Availability of state protection in Iraq

Ratio Decidendi

The panel accepted the claimants as Convention refugees because it found them credible, their profile as Iraqi Christians (and women for three claimants) exposed them to a real risk of persecution by ISIS, state protection in Iraq is not reasonably available, and relocation to Erbil is not a reasonable internal flight alternative given the claimants' circumstances and country conditions.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Refugee protection granted under sections 96 and 97 of the Immigration and Refugee Protection Act