2020 RLLR 61

2020 RLLR 61

The Member found the claimant credible and on the balance of probabilities established a risk to life from a targeted vendetta; objective country information demonstrated ineffective state protection and no viable internal flight alternative in Haiti; therefore the claimant is a person in need of protection under IRPA s97(1)(b).

Citation
2020 RLLR 61
Parties
Claimant: [XXX]; Adjudicator: Refugee Protection Division (Member R. Jackson)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 November 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Oral Decision Rendered; Hearing Concluded
Outcome
Claim accepted; claimant found to be a person in need of protection under IRPA s97(1)(b)
Legal Topics
Convention Refugee, Person in Need of Protection (s97(1)(b)), State Protection, Internal Flight Alternative, Credibility, Vendetta/targeted Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection (s97(1)(b)) State Protection Internal Flight Alternative Credibility +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

[XXX]

Claimant

Refugee Protection Division (Member R. Jackson)

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Oral Decision Rendered; Hearing Concluded

Legal Issues

  1. 1 Whether claimant is a person in need of protection under IRPA s97(1)(b)
  2. 2 Whether state protection is available and adequate
  3. 3 Whether an internal flight alternative exists

Ratio Decidendi

The Member found the claimant credible and on the balance of probabilities established a risk to life from a targeted vendetta; objective country information demonstrated ineffective state protection and no viable internal flight alternative in Haiti; therefore the claimant is a person in need of protection under IRPA s97(1)(b).

Court Disposition

Claim accepted; claimant found to be a person in need of protection under IRPA s97(1)(b)

Orders

  • Claim accepted and protection granted under IRPA s97(1)(b)
  • No viable internal flight alternative found within Haiti