VB9-05199

VB9-05199

Although the Appellant is a five‑year‑old with no personal political opinion, he is a member of a family targeted for reprisals because of his parents' political opposition; the family is marked as a group and the perpetrators' links to Sepâh and Basij and the lack of effective state protection create a serious possibility of persecution on return, so the Appellant is a Convention refugee.

Citation
VB9-05199
Parties
Father: XXXX XXXX; Mother: XXXX XXXX; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 November 2019
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal allowed; decision of the Refugee Protection Division set aside; Appellant found to be a Convention refugee.
Legal Topics
Convention Refugee, State Protection, Non State Actors, Family as a Protected Social Group, Standard of Review
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee State Protection Non State Actors Family as a Protected Social Group Standard of Review

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Parties

XXXX XXXX

Father

XXXX XXXX

Mother

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the Appellant faces a serious possibility of persecution on return to Iran
  2. 2 Whether there is nexus between the Appellant's risk and a Convention ground
  3. 3 Whether state protection is available and effective

Ratio Decidendi

Although the Appellant is a five‑year‑old with no personal political opinion, he is a member of a family targeted for reprisals because of his parents' political opposition; the family is marked as a group and the perpetrators' links to Sepâh and Basij and the lack of effective state protection create a serious possibility of persecution on return, so the Appellant is a Convention refugee.

Court Disposition

Appeal allowed; decision of the Refugee Protection Division set aside; Appellant found to be a Convention refugee.

Orders

  • Set aside the RPD decision dated June 27, 2019 as it pertains to the Appellant.
  • Allow the appeal and find the Appellant to be a Convention refugee.