Day 2 Padlet Activity by https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1 en-us 2022-09-09 15:51:09 UTC 2022-09-15 01:04:47 UTC hello@padlet.com Team 7 a016568282 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295242126
  • On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?
    Definition of a refugee (article 1), principle of the unit of the family, personal status (article 12), access to court (article 16), administrative assistance (article 25).
  • What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?
    The testimonies she gave to the police explaining the way he commited physical and verbal aggressions to her and how after she tried to live with her sister because of these kinds of behaviors, he found her and tried to kill her multiple times.
  • How would you apply the Gender Guidelines to this case? 
    These guidelines are primarily intended to address the needs of applicants with gender-related claims in protection visa reviews. These guidelines may also have application to Migration Review Tribunal cases involving gender issues, such as partner visa cases involving domestic violence issues. The objectives of these guidelines are to: further promote a gender inclusive and gender sensitive review process; and recognise the social and cultural difficulties applicants face when making and presenting gender-related claims.

  • Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.

    • Considering the cycle of violence that the person has suffered, protection will be provided, since he has suffered physical abuse, which has reached such a degree that the person had to flee the country. Since the police in his country did not arrest the aggressor and did not provide him with the necessary protection so that this situation would not worsen.

    ]]>     2022-09-13 23:02:30 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295242126     Team 6 a01653857 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295246630 1. On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?

    Article 1. -- Definition of the term "refugee"
    Article 5. -- Rights granted independently of this Convention
    Paragraph 2 Subject to the regulations of the issuing country, children may be included in the travel document of a family member or, in exceptional circumstances, of another adult refugee.

    2.What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?

    The female applicant then went to the police to file a complaint against her spouse. The police issued an arrest warrant for her spouse. However, he was not arrested by the police, and he continued to pursue and to harass her and to threaten her.

    3.How would you apply the Gender Guidelines to this case?

    You could apply the guideline 4, specifically the 4.1 and also the guideline 5 , specifically 5.1.1 , that refer to trauma resulting from an event, because in the case study the subject is a woman that suffers from a trauma, made by the spouse.

    4.Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.

    ]]>     2022-09-13 23:09:26 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295246630     Team 11 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295288516 1. On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?

       She would base her claim for refugee status as a member of a particular social group, since that’s what the Guidelines 4 of the Refugee convention for cases of gender based violence, is outside her country of her nationality and unwilling to depend on the protection of her own country.

    2. What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?

       The testification of being pursued and founded by her spouse even after recurring to the police, another evidence would be that her spouse physically assaulted her on six separate occasions and on several other occasions he verbally abused her and also threw things at her, and the fact that she has already survived two murder attempts.

    3. How would you apply the Gender Guidelines to this case?

       The guidelines would apply since she is suffering gender-based violence.

    4. Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.

    We would accept her claim for refugee protection since she has proven that the reliance on protection from her own country is not working and has proven she is suffering from gender-based violence in accordance with the guidelines.
    ]]>     2022-09-14 00:00:37 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295288516     Team 8 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295298013
    1. On what ground(s) in the     1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?

    The 1951 Refugee Convention follows that:

    Refugees are persons who are outside their countries of origin for reasons of persecution or circumstances that seriously disturb the public order and require international protection.

     Persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion
    The characteristic will often be one which is innate, unchangeable, or which is otherwise fundamental to identity, conscience or the exercise of one’s human rights. It follows that sex can properly be within the ambit of the social group category

    We adjudicate the reason of persecution to sex based persecution, the fact that she’s been assaulted 6 times and reported to the police with no mentioning of community support or justice system repercussions could point to a systemic, societal sanctioning of intimate partner violence, which is a dire form of gender based violence.

    It can further be added, that her husband had repeatedly threatened to kill her in front of her sister, in which case we can add that her sister is incapable of providing any protection whatsoever. It can also be added that the threads made by her husband also include her sister indirectly, specifically based on grounds that she provided shelter to her.


    2. What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection? 
    1. Police reports
    2. Verbal aggressions
    3. Murder attempts

    3. How would you apply the Gender Guidelines to this case?
    A large part of these guidelines are made for the protection of a very similar cases, there are sections focused on this case such as:
    4.1 : States the basis and definition for  Gender-based violence.
    5.1.1: A guideline that refers to trauma resulting from an event.
    5.4 Facilitating participation in a proceeding.
    7. Credibility, implausibility and demeanour.
    8. Evidentiary matters.
    10. Protection of confidential information.

    4. Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection. 
    1. accept
    2. fits the criteria for refugee
    3. fits the criteria for sex based persecution



    ]]>     2022-09-14 00:05:06 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295298013     Team 9 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295298340 1.      On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?

    Article 1A (2): Person persecuted for membership of a particular social group unable to avail herself of the protection of that country, and unwilling, owed to such fear, to return to it.

    2.      What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?

    The testimonials and the wounds are relevant evidence as well as the arrest warrant issued against her spouse.

    3.      How would you apply the Gender Guidelines to this case? 

    Understanding that this situation has had a traumatic effect on her not only because of the violence, but also because the person who perpetuated the violent acts was his spouse and the father of her children. Also acknowledging that some of the assaults happened in front of the kids. In this case, an intersectional approach comes to order as she was ignored by the police who failed to arrest her spouse after the warrant was issued. For us, the credibility is completely on the refugee applicant.       

    4.      Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.

    Considering the impact of the cycle of violence and coercive control on this case, as well as the barriers she faces to be secure in her country due to her intersectional identity, we would be willing to accept her because there are threatens and there is a history about an arrest warrant in another country. She needs the protection as she has been persecuted to the places she has moved prior to fleeing her country and because the police failed to arrest her spouse.

    ]]>     2022-09-14 00:05:27 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2295298340     Team 5 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2296253809 1. On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?

    She could base her applications in articles: 1  (refugee definition), 5 (rights), 16 (court access) and 25 (administrative assistance).

    2. What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?
    The testification of her prosecution, where she explains that the spouse physically assault her in multiple times. She can also add the multiple times he tried to kill her.
     
    3. How would you apply the Gender Guidelines to this case?
    She could apply the guideline 4.1 and 5.1.1. Those lines refer to traumas gender based violence

    4. Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.
    We would accept her claim for refugee protections based in the no action of her country and constant gender violence.

    ]]>     2022-09-14 12:35:32 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2296253809     Team 10 monroypatino6 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2296951062 1. On what ground(s) in the 1951 Refugee convention should the female refugee applicant base her claim for refugee protection?
    She must take in consideration these articles:
    4.5 Particular Social Group; This article describes the condition of a human being as a part of an specific social group and the abuse that some others do to them.
    4.7 Victims of criminality and nexus to grounds;  This article describes the conditions of violence that becomes as being harassed by some kind of crime in different ways.
    2.What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?
    The testifies of violence that she gave to the police (which doesn´t help anyway). Besides all the specific moment when her spouse made progressive acts of  violence on her.
    3.How would you apply the gender guidelines to this case?
    The gender guidelines apply as she was suffering all of this gender related violence. And being more specifically we can take the guideline number 4 (that had some specific statues about gender violence; "Women refugee claimants...), the guideline number 5 (that takes in consideration some of the trauma results of this situations; "trauma-informed adjudication"), including the guideline number 6 ( that talks about the multiple factors of the person provoques this, just as the gender; "intersectional analysis approach" and finally the guideline number 7( it talks about credibility in the facts that the victim expose; "Assessment of credibility")
    4. Explains your reasons for a decision as to why you would be willing to accept or to reject this person´s claim for refugee protection:
    Considering the violence situation that the woman has suffered, and checking her credibility. We think it should be accepter her request of refugee. Considering the situations of violence that the person has suffered, the lack of aid in her own country, and endorsing her credibility contempling the two little kids and some specific points as the persecution that she suffered such as going to another place with her sister.

    ]]>     2022-09-14 19:04:10 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2296951062     Team 4 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2297209490

  • On what ground(s) in the 1951 Refugee Convention should the female refugee applicant base her claim for refugee protection?
    • The claim, based on the Article 1A(2)  (1951) it should be based either on a  potential victim of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Given that the study case is a case of domestic abuse it fits better on a claim of asylum based on domestic violence- based persecution on the ground of their membership. Even so, we could base the claim as the Woman being “part of a social group” based on her gender. And so,  gender-based claims on the Gender Guidelines could elaborate the case study. Furthermore it is said that there have been a number of assaults with eyewitnesses (the children) that could be used as testimonies soon to be validated and the sum of  lack of proper protection in their location with the threat of the aggressor heightens the level of urgency on the case.
     .
    2. 
    What types of evidence would you consider to be relevant and determinative in establishing her claim for refugee protection?

    First of all, refuge in Canada is given to people who are likely to suffer torture or more general, people that have risk to their lives in their country of residence. In order to fill out an evidence file you would need reports, photos, videos and statements from her sister and her children. 
    3. 
    How would you apply the Gender Guidelines to this case?

    In this case we can see 2 factors that are so important, first the fact that the violence was made by the spouse and father, means that it wasn’t only the fisical harm, but there were also traumatic effects, and the other one, was that the police ignored the case, and didn’t arrest the man. In here we can apply an discrimination amounting to persecution and an intersectional approach.


    4.
    Explain your reasons for a decision as to why you would be willing to accept or to reject this person’s claim for refugee protection.
    1. Firstly, and most importantly, we would accept it because it is a victim of persecution and intense violence. Given the abuse she receives. 
    2. Secondly, because there are numerous testimonies that could aid as to why we should give her a chance.
    3. Thirdly, we could give her aid given that this is a case of gendered persecution towards the victim. If she weren’t a female, there would be no case of violence. 

    ]]>     2022-09-14 23:53:28 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2297209490     Team 3 https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2297300787 2022-09-15 01:04:47 UTC https://padlet.com/5wxnvrctq7/7ix1g9hirs4k7nz1/wish/2297300787