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Federal Court granted judicial review, finding the RAD’s credibility analysis and section 96 assessment unreasonable and remitting the matter for redetermination.
The Federal Court granted judicial review in a refugee case, finding the RAD unreasonably assessed credibility, ignored key evidence, and misapplied the Gender Guidelines.
Judicial review of a RAD refugee decision was dismissed after the Court found the credibility findings and assessment of social-group risk to be reasonable.
The panel found the claimant credible and corroborated; established nexus between the risk of gender‑based violence by her father and membership in the particular social group of women in Mexico fearing gender‑based violence; objective country evidence and case‑specific proof demonstrated that state protection is not reasonably forthcoming and that internal relocation would be objectively unreasonable given her trauma and need for treatment; therefore the claimant faces a serious possibility of persecution and is a Convention refugee under s.96 IRPA.
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The member accepted the claimant's credible testimony, found nexus to membership in the particular social group of women, concluded the claimant demonstrated both a subjective and objectively well‑founded fear of persecution based on domestic violence and threats, found the presumption of state protection rebutted on clear and convincing evidence from the NDP, and determined no viable internal flight alternative exists because agents of persecution have the means and motivation to find her; therefore the claim meets the s.96 Convention refugee test and is accepted.
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The claimant was accepted as a Convention refugee because objective, independent medical evidence established past severe gender-based violence (forced XXXX) and the Kenyan passport established her identity as a Kenyan; those facts create a nexus to the Convention ground of membership of a particular social group (women), state protection in Kenya was found ineffective, and no reasonable internal flight alternative exists, therefore the claimant has a well-founded fear of persecution under section 96.
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The claimant is a Convention refugee under s.96 because she proved on a balance of probabilities that she has a credible subjective fear that is objectively well-founded: she faces a real risk of persecution as a woman and for political opinion, state protection is unavailable due to state involvement and her ex-husband's state ties, and no internal flight alternative is reasonable given the national reach of Iran's security services.
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The claimant established on a balance of probabilities that she has a well‑founded fear of persecution as a woman facing gender‑related violence and as someone specifically threatened by MS‑13; her testimony and corroborative documents were credible, objective country evidence demonstrates pervasive gang violence and impunity and inadequate state protection, and there is no viable internal flight alternative in El Salvador, therefore she meets the definition of a Convention Refugee under s.96 IRPA.
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The claimant is a Convention refugee because she established on a balance of probabilities that she faces a well‑founded fear of persecution in Mexico as a member of the particular social group of women, state protection is not available (rebutting the presumption of protection), there is no viable internal flight alternative, and exclusion under Article 1F(b) does not apply because her involvement in criminal activity was the product of duress.
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Claimant found credible; she established nexus to a particular social group (single/separated woman subject to gender‑based violence); objective country evidence demonstrates pervasive feminicide, impunity and police corruption; state protection is not available and an internal flight alternative is not viable; therefore on balance of probabilities she faces a serious possibility of persecution and is a Convention refugee.
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