2020 RLLR 84

2020 RLLR 84

The claimant was found credible and proved on the balance of probabilities that his UKPNP membership and political activism exposed him to a serious possibility of persecution in Pakistan; country evidence shows pro‑independence activists are surveilled, detained, tortured and that state protection and internal flight alternatives are not reasonably available, therefore he meets the definition of a Convention refugee.

Citation
2020 RLLR 84
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 February 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Decision of the Refugee Protection Division
Outcome
Claim accepted; claimant recognized as a Convention refugee
Legal Topics
Refugee Protection, Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Well Founded Fear, Credibility, Corroboration
Source Language
English
Immigration Refugee Law Human Rights Refugee Protection Convention Refugee Political Opinion State Protection Internal Flight Alternative +3 more

Case Brief

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision of the Refugee Protection Division

Legal Issues

  1. 1 identity
  2. 2 nexus to political opinion
  3. 3 well-founded fear of persecution (subjective and objective elements)

Ratio Decidendi

The claimant was found credible and proved on the balance of probabilities that his UKPNP membership and political activism exposed him to a serious possibility of persecution in Pakistan; country evidence shows pro‑independence activists are surveilled, detained, tortured and that state protection and internal flight alternatives are not reasonably available, therefore he meets the definition of a Convention refugee.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee

Orders

  • Claim accepted; claimant recognized as a Convention refugee