A well-founded fear of persecution must relate to one of the five reasons in the definition - race, religion, nationality, membership in a particular social group or political opinion. If you need more information in order to render your determination, note your questions. Try, however, to prepare an opinion concerning the case addressing all elements of the refugee definition as well as the reasons for your conclusions.

Remember to refer to relevant guidelines and case law, as applicable, to support your opinion. In addition to the readings in Module 6 Unit 1, you may wish to consult the Interpretation of the convention refugee definition in the case law, published by the IRB (March 31, 2019).

 

Dr. L. is a 51-year-old physician in a country that has an official one-child policy and forces women to undergo abortions if they conceive above the one-child limit. Dr. L. clandestinely distributed pamphlets opposing this policy in the municipal hospital where he worked; the pamphlets criticized the regime and invited people to join an illegal demonstration to be held a few days later. Dr. L was arrested and punished with five years imprisonment. After 2 years he managed to escape from prison. During his escape, he pushed a prison guard to the ground who tried to stop him. The guard hit a stone with his head and was so seriously injured that he will remain disabled for the rest of his life. After a complicated journey, Dr. L managed to flee the country and initiated a claim for refugee protection in Canada

Should the person/s described above be accepted as a Convention Refugee (s. 96 of the IRPA)?