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The Federal Court dismissed judicial review of a RAD decision in a refugee claim based on alleged inheritance-related persecution under Igbo customary law.
The Federal Court dismissed judicial review of a refugee decision, finding the RAD reasonably concluded the applicant had not shown a personal risk as the son of a bisexual man.
The Federal Court dismissed judicial review of a RAD decision in a refugee claim involving disputed chieftaincy threats, finding the decision reasonable and no Convention nexus.
Claimant is a Convention refugee because her credible and corroborated fear of persecution is causally linked to membership in a particular social group (family member of a person imputed to hold a political opinion due to protest against expropriation), objective country evidence establishes a real risk, state protection is unavailable, and no safe internal flight alternative exists.
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Claimant was found credible and established membership of a particular social group (lesbian woman); objective country evidence and statutory criminalization of same-sex relations in Ghana demonstrate a real risk of persecution, state protection was rebutted and no internal flight alternative exists; therefore claimant meets the definition of a Convention refugee under section 96 IRPA.
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The claimant, a transgender woman, credibly established past persecution and a real risk of future persecution in the Philippines on the basis of membership of a particular social group defined by gender identity and related grounds; objective country‑condition evidence corroborates systemic discrimination and ineffective protection by state agents, and no viable internal flight alternative exists, therefore she meets the definition of a Convention refugee under s.96 IRPA.
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Federal Court granted judicial review of a negative PRRA, finding the officer’s reasons speculative, insufficiently engaged with similar cases, and unreasonable on section 96.
The claimant's testimony was found credible on a balance of probabilities; she was properly characterized as a member of the particular social group 'women at risk of gender-based violence'; objective country evidence demonstrated a real risk of gender-based violence in Kenya and ineffective state protection nationwide, and no viable internal flight alternative exists; therefore she meets the definition of a Convention refugee under section 96 of IRPA and the claim is accepted.
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Federal Court dismissed judicial review of a RAD decision upholding an internal flight alternative in Cabo San Lucas and finding no Convention nexus.
The claimants are Convention refugees because the principal claimant, an Indigenous human rights defender, was named as a military objective by the AGC, objective country evidence shows the AGC’s capacity and pattern of targeting such leaders, state protection in Colombia is operationally inadequate and the IFA is not viable, therefore the claimants face a serious possibility of persecution.
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