2022 RLLR 19

2022 RLLR 19

On a balance of probabilities the claimant is a person in need of protection under s.97(1)(b) IRPA because he credibly showed a personalized risk to his life and risk of cruel and unusual treatment from a politically connected family acting with the Punjabi police, the state is unable or unwilling to protect him (presumption rebutted), and no viable internal flight alternative exists in India.

Citation
2022 RLLR 19
Parties
Claimant: XXXX XXXX; Intervenor/respondent: Minister of Immigration, Refugees and Citizenship Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 September 2022
Procedural Posture
Refugee Protection Claim / Decision Refugee Protection Division
Outcome
Claim accepted; claimant found to be a person in need of protection pursuant to section 97(1)(b) of the IRPA.
Legal Topics
Asylum, Credibility, Identity, State Protection, Internal Flight Alternative, Honor Based Violence, Nexus to Convention Grounds, Ministerial Intervention, Program Integrity
Source Language
English
Immigration Law Refugee Law Human Rights Law Asylum Credibility Identity State Protection Internal Flight Alternative +4 more

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Parties

XXXX XXXX

Claimant

Minister of Immigration, Refugees and Citizenship Canada

Intervenor/respondent

Procedural Posture

Refugee Protection Claim / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant's identity and credibility are established
  2. 2 Whether the claimant's fear is connected to a Convention ground
  3. 3 Whether the state is unable or unwilling to protect the claimant

Ratio Decidendi

On a balance of probabilities the claimant is a person in need of protection under s.97(1)(b) IRPA because he credibly showed a personalized risk to his life and risk of cruel and unusual treatment from a politically connected family acting with the Punjabi police, the state is unable or unwilling to protect him (presumption rebutted), and no viable internal flight alternative exists in India.

Court Disposition

Claim accepted; claimant found to be a person in need of protection pursuant to section 97(1)(b) of the IRPA.

Orders

  • Claim accepted and protection granted pursuant to section 97(1)(b) of the Immigration and Refugee Protection Act