2023 RLLR 228

2023 RLLR 228

The claimant is a Convention refugee under section 96 IRPA because her credible conversion to and practice of Pentecostal Christianity places her at serious risk of persecution in Eritrea, state protection is unavailable because the state is the agent of persecution, and no viable internal flight alternative exists.

Citation
2023 RLLR 228
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 December 2023
Procedural Posture
Refugee Protection (s.96 Irpa) / Final Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Religious Persecution, State Protection, Internal Flight Alternative, Credibility, Asylum Claim
Source Language
English
Immigration Law Refugee Law Human Rights Law Religious Persecution State Protection Internal Flight Alternative Credibility Asylum Claim

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (s.96 Irpa) / Final Decision

Legal Issues

  1. 1 Whether the claimant converted to Pentecostal Christianity and practices that faith
  2. 2 Whether the claimant faces a well‑founded fear of persecution on the ground of religion
  3. 3 Whether the state can provide protection

Ratio Decidendi

The claimant is a Convention refugee under section 96 IRPA because her credible conversion to and practice of Pentecostal Christianity places her at serious risk of persecution in Eritrea, state protection is unavailable because the state is the agent of persecution, and no viable internal flight alternative exists.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; claimant declared to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
  • Hearing concluded.