2020 RLLR 104

2020 RLLR 104

On the balance of probabilities the claimants are Convention refugees because credible testimony and corroborating documents establish a nexus to a Convention ground (gender and family association), an objectively reasonable risk of persecution in Uganda, and that adequate state protection and any viable internal flight alternative are unavailable given police attitudes to domestic and clan matters and the perpetrator's government position.

Citation
2020 RLLR 104
Parties
Principal Claimant; Designated Representative for Minor: [XXX]; Associate Minor Claimant: [XXX]; Alleged Persecutor (former Common‑law Partner): [XXX] (AB)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final Determination)
Outcome
Claims accepted; principal claimant and associate minor claimant found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Refugee Protection, Gender‑related Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Child Asylum
Source Language
English
Immigration Refugee Law Human Rights Gender‑based Violence Refugee Protection Gender‑related Persecution Particular Social Group State Protection +2 more

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Parties

[XXX]

Principal Claimant; Designated Representative for Minor

[XXX]

Associate Minor Claimant

[XXX] (AB)

Alleged Persecutor (former Common‑law Partner)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether there is nexus between feared harm and a Convention ground (membership of a particular social group based on gender and family association)
  3. 3 Credibility of claimant testimony

Ratio Decidendi

On the balance of probabilities the claimants are Convention refugees because credible testimony and corroborating documents establish a nexus to a Convention ground (gender and family association), an objectively reasonable risk of persecution in Uganda, and that adequate state protection and any viable internal flight alternative are unavailable given police attitudes to domestic and clan matters and the perpetrator's government position.

Court Disposition

Claims accepted; principal claimant and associate minor claimant found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Refugee protection claims of the principal claimant [XXX] and associate minor claimant [XXX] accepted