2019 RLLR 15

2019 RLLR 15

The panel accepted the claimants' credible testimony that the principal claimant authored an unpublished article exposing Health Ministry corruption and that the associate claimant was threatened by armed actors; objective country documentation establishes endemic corruption and impunity in Mexico such that state protection would not be reasonably forthcoming, no safe internal flight alternative exists, and therefore both claimants face a serious possibility of persecution on account of membership in particular social groups (journalists and family of a journalist) and qualify as Convention refugees.

Citation
2019 RLLR 15
Parties
Principal Claimant: [XXX]; Associate Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 August 2019
Procedural Posture
Refugee Protection Claim (irpa) / Decision (refugee Protection Division)
Outcome
Both claimants accepted as Convention refugees pursuant to s.96 IRPA on a forward‑looking basis.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Nexus to Convention
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group State Protection Internal Flight Alternative Credibility +1 more

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Associate Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the principal claimant qualifies as a Convention refugee under s.96 IRPA
  2. 2 Whether the associate claimant qualifies as a Convention refugee as a family member
  3. 3 Whether the claimants established nexus between alleged persecution and a Convention ground

Ratio Decidendi

The panel accepted the claimants' credible testimony that the principal claimant authored an unpublished article exposing Health Ministry corruption and that the associate claimant was threatened by armed actors; objective country documentation establishes endemic corruption and impunity in Mexico such that state protection would not be reasonably forthcoming, no safe internal flight alternative exists, and therefore both claimants face a serious possibility of persecution on account of membership in particular social groups (journalists and family of a journalist) and qualify as Convention refugees.

Court Disposition

Both claimants accepted as Convention refugees pursuant to s.96 IRPA on a forward‑looking basis.

Orders

  • Principal claimant found to be a Convention refugee pursuant to s.96 IRPA.
  • Associate claimant found to be a Convention refugee pursuant to s.96 IRPA.