TB6-05116

TB6-05116

Member accepted the claimants' identity and credibility, found a nexus to a protected ground through imputed political opinion based on the claimant's association with an alleged anti‑ZANU‑PF individual, found that she was severely mistreated by police and that state protection is absent in Zimbabwe, and concluded both the principal claimant and her son face a serious possibility of persecution; therefore the refugee claims were accepted.

Citation
TB6-05116
Parties
Principal Claimant: XXXX XXXX; Claimant (minor Son): XXXX XXXX XXXX; Counsel for Claimants: J. Stephen Schmidt
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97(1)) / Hearing — Decision Rendered (refugee Protection Determination)
Outcome
Claims accepted; refugee protection granted to the principal claimant and her son
Legal Topics
Refugee Protection, Imputed Political Opinion, Membership of a Particular Social Group, State Protection, Credibility, Identity, Safe Third Country Agreement Exception
Source Language
English
Immigration Law Refugee Law Human Rights Refugee Protection Imputed Political Opinion Membership of a Particular Social Group State Protection Credibility +2 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Claimant (minor Son)

J. Stephen Schmidt

Counsel for Claimants

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97(1)) / Hearing — Decision Rendered (refugee Protection Determination)

Legal Issues

  1. 1 Establishing identity and nationality
  2. 2 Credibility of claimant
  3. 3 Nexus between alleged harm and protected ground (imputed political opinion)

Ratio Decidendi

Member accepted the claimants' identity and credibility, found a nexus to a protected ground through imputed political opinion based on the claimant's association with an alleged anti‑ZANU‑PF individual, found that she was severely mistreated by police and that state protection is absent in Zimbabwe, and concluded both the principal claimant and her son face a serious possibility of persecution; therefore the refugee claims were accepted.

Court Disposition

Claims accepted; refugee protection granted to the principal claimant and her son

Orders

  • Principal claimant and her son accepted as Convention refugees / refugee protection granted