MB7-01998

MB7-01998

On the documentary record the claimant's account is credible, country conditions and targeted conduct against Tutsis and members of the religious movement establish a real risk of persecution tied to protected grounds; state agents or state‑aligned militias are responsible so state protection and any internal flight alternative are not reasonable; therefore the claimants qualify as Convention refugees.

Citation
MB7-01998
Parties
Principal Claimant: XXXX XXXX XXXXXXXX XXXX XXXX; Dependent Claimant: XXXX XXXX XXXX; Respondent: The Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 January 2018
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Determination Without Hearing Under Expedited Processing (s.170(f))
Outcome
Allowed (claimants found to be Convention refugees)
Legal Topics
Convention Refugee Determination, Credibility, State Protection, Internal Flight Alternative, Persecution, Sexual Violence, Membership of Particular Social Group
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Determination Credibility State Protection Internal Flight Alternative Persecution +2 more

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Dependent Claimant

The Minister

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Determination Without Hearing Under Expedited Processing (s.170(f))

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether the claimant's allegations are credible
  3. 3 Whether state protection is available in Burundi

Ratio Decidendi

On the documentary record the claimant's account is credible, country conditions and targeted conduct against Tutsis and members of the religious movement establish a real risk of persecution tied to protected grounds; state agents or state‑aligned militias are responsible so state protection and any internal flight alternative are not reasonable; therefore the claimants qualify as Convention refugees.

Court Disposition

Allowed (claimants found to be Convention refugees)

Orders

  • Refugee protection claims of the principal claimant and her daughter are allowed; both are found to be Convention refugees