2023 RLLR 9

2023 RLLR 9

The claimant was found to be a Convention refugee because her credible testimony and corroborating evidence established a nexus between her persecutory fear and membership in the particular social group of women at risk of gender-based violence; objective country evidence corroborated widespread violence and...

Source-derived case information.

Citation
2023 RLLR 9
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Respondent
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision
Outcome
Claim allowed; claimant found to be a Convention refugee under section 96 of the IRPA.
Legal Topics
Gender Based Violence, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration Law Refugee Law Human Rights Gender Based Violence Particular Social Group State Protection Internal Flight Alternative Credibility Assessment

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Respondent

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant belongs to a particular social group (women fearing gender-based violence)
  3. 3 Credibility of the claimant's testimony and supporting evidence

Ratio Decidendi

The claimant was found to be a Convention refugee because her credible testimony and corroborating evidence established a nexus between her persecutory fear and membership in the particular social group of women at risk of gender-based violence; objective country evidence corroborated widespread violence and ineffective state protection; and internal relocation was unreasonable given her personal circumstances, therefore adequate state protection was not reasonably available.

Court Disposition

Claim allowed; claimant found to be a Convention refugee under section 96 of the IRPA.

Orders

  • Claim allowed; claimant found to be a Convention refugee under section 96 of the IRPA.