Canada Case Law

2023 RLLR 178

Court

Royal Canadian Mounted Police Labour Relations

Claimant's credible evidence of targeted threats and assaults by a named non‑state armed group, combined with objective country information showing systemic discrimination against Afro‑Colombians and ineffective state protection, and the unreasonableness of internal relocation, establish a well‑founded fear of persecution for reasons including political opinion and membership of particular social groups; claimant is a Convention refugee under s.96 IRPA.

Source excerpt

• Convention refugee
• Political opinion nexus
• Particular social group
• State protection
• Internal flight alternative
• Credibility assessment

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2023 RLLR 138

Court

Royal Canadian Mounted Police Labour Relations

The claimant is a Convention refugee because her fear of persecution is linked to membership in a particular social group (female child of a woman whose sexual orientation was not accepted), her testimony and corroborating documents were credible on a balance of probabilities, objective country evidence demonstrates inadequate state protection across Angola and no reasonable internal flight alternative exists, therefore her fear of sexual and gender-based violence is well-founded.

Source excerpt

• Convention refugee
• Membership of a particular social group
• State protection
• Internal flight alternative
• Credibility
• Gender-related persecution

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Adediran v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review of a refused TRP and study permit, finding the officer overlooked material evidence of a childhood attempted sexual assault.

• Temporary residence permit
• Study permit
• Reasonableness review
• Procedural fairness
• Country conditions
• Sexual violence

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2022 RLLR 42

Court

Royal Canadian Mounted Police Labour Relations

The claimant is a credible Indian national who has a subjective and objectively well‑founded fear of persecution as a woman targeted because of her father's law‑enforcement role; state protection in India is unavailable or ineffective and internal relocation is not viable, therefore she meets the definition of a Convention refugee as a member of a particular social group (woman fearing gender‑based violence).

Source excerpt

• Convention refugee
• Particular social group
• State protection
• Internal flight alternative
• Sexual violence
• Credibility

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Mesa v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court found the RAD’s refugee decision unreasonable for treating pervasive sexual violence as merely generalized risk and for discounting the mother’s evidence without a specific credibility finding.

• Gender-based persecution
• Sexual violence
• Credibility findings
• Chairperson's guidelines 4
• Gender-based-persecution
• Sexual-violence

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MC0-10253

Court

Refugee Appeal Division

The RAD allowed the appeals of the Associate Appellant and Minor Appellant and substituted its own decision finding them to be Convention refugees because documentary and testimonial evidence established a well‑founded fear of persecution, a nexus to imputed political opinion, and absence of state protection; the Principal Appellant's appeal was allowed in part and remitted to the RPD for redetermination because the RPD failed to make adequate factual findings, ignored material evidence raising suspicion that the PA is associated with violent insurgents, and failed to notify the Minister unde…

Source excerpt

• Internal flight alternative
• Credibility assessment
• Exclusion (article 1f)
• State protection
• Sexual violence
• Imputed political opinion

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TB9-02265

Court

Refugee Appeal Division

The panel found that the appellants rebutted the presumption of state protection because objective evidence showed Sri Lankan authorities are ineffective in addressing sexual violence and may harass victims; the RPD erred by failing to account for the principal appellant's testimony that the alleged perpetrator had a home in Kandy, rendering Kandy not a viable IFA; on that basis the panel set aside the RPD decision and substituted a finding that the appellants are Convention refugees under section 96 of the IRPA.

Source excerpt

• State protection
• Internal flight alternative
• Sexual violence
• Convention refugee status
• Credibility assessment

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MB9-02828

Court

Refugee Appeal Division

The RPD reasonably applied the Guideline and correctly concluded that pervasive contradictions and documentary irregularities across the visa application, refugee claim, and testimony rendered the appellant not credible on a balance of probabilities, warranting dismissal of the appeal.

Source excerpt

• Credibility assessment
• Guideline 4: women refugee claimants
• Sexual violence
• Document authenticity
• Use of immigration documents in credibility assessment

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MB9-07535

Court

Refugee Appeal Division

The RAD found the RPD erred in its credibility analysis by failing to apply Guideline 4 considerations and by drawing negative inferences from explainable inconsistencies and omissions; documentary evidence corroborated core allegations; the country evidence demonstrates inadequate state protection for Haitian women and no reasonable internal flight alternative given the claimant's circumstances; therefore the claimant has a well-founded fear of persecution as a member of the particular social group of women fearing gender-based persecution and is a Convention refugee under s.96 IRPA.

Source excerpt

• Credibility assessment
• Particular social group
• State protection
• Internal flight alternative
• Rape trauma syndrome
• Sexual violence

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TB9-23291

Court

Refugee Appeal Division

The RPD erred in finding adequate state protection and in failing to assess cumulative risk; on a balance of probabilities the appellant, as a woman who suffered sexual assault and faces stigma and inadequate supports across Ethiopia, would face persecution and no safe or reasonable IFA exists, therefore the RPD decision is set aside and substituted that the appellant is a Convention refugee.

Source excerpt

• Particular social group
• State protection
• Sexual violence
• Internal flight alternative
• Credibility

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