Question:

From the below case, should Samuel be accepted as a Convention Refugee (s. 96 of the IRPA)? Remember, 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. You may wish to consult the Interpretation of the convention refugee definition in the case law, published by the IRB (March 31, 2019).

Case on Samuel

In 2018, at the age of 14, Samuel was forcibly recruited by a rebel group in his country of origin. He was trained in combat and served in a number of clandestine operations that were involved in bombing government military installations. On most of these operations, the "collateral damage" included civilian deaths. The rebel group, comprised of members of a minority ethnic group, was attempting to end the brutal oppression of their people by government forces. They did not succeed. In 2020, they were defeated by the army and the civil war was officially over. Samuel returned to his family in a rural village in the eastern region of the country and enrolled in the local high school to study, something he never had an opportunity to do as a child soldier. He decided he would never fight again. Now, the government of Samuel's country is taking steps to prosecute former members of armed rebel groups. Several former members of Samuel's rebel group have been detained by security forces and are awaiting trial. There are reports that some have been tortured. There are also rumors that government forces are targeting former rebels for assassinations. After a former comrade of Samuel's was killed, his family arranged for his passage to Canada on a forged passport.

George

Emelia