2019 RLLR 37

2019 RLLR 37

The Board accepted the claimants’ credible testimony of domestic violence and threats, found nexus to a Convention ground (woman and family members), determined from country evidence that state protection in Mexico is not operationally effective and that no viable internal flight alternative exists, and therefore concluded the claimants face a serious possibility of persecution and are Convention refugees under s.96.

Citation
2019 RLLR 37
Parties
Principal Claimant: [XXX]; Minor Claimant (son): [XXX]; Associate Claimant (common‑law Spouse): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 November 2019
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision of Refugee Protection Division
Outcome
Claim allowed; claimants determined to be Convention refugees under s.96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law Family Law Gender Based Violence/domestic Violence Convention Refugee Particular Social Group State Protection +3 more

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Parties

[XXX]

Principal Claimant

[XXX]

Minor Claimant (son)

[XXX]

Associate Claimant (common‑law Spouse)

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the harm feared has nexus to a Convention ground (particular social group: woman and members of her family)
  3. 3 Whether the claimants are credible

Ratio Decidendi

The Board accepted the claimants’ credible testimony of domestic violence and threats, found nexus to a Convention ground (woman and family members), determined from country evidence that state protection in Mexico is not operationally effective and that no viable internal flight alternative exists, and therefore concluded the claimants face a serious possibility of persecution and are Convention refugees under s.96.

Court Disposition

Claim allowed; claimants determined to be Convention refugees under s.96 of the Immigration and Refugee Protection Act.

Orders

  • Protection under s.96 of the Immigration and Refugee Protection Act granted to the claimants