2022 RLLR 74

2022 RLLR 74

The Panel found the claimants credible and established on a balance of probabilities that they face a serious possibility of persecution by the Tren de Aragua in Venezuela and Colombia linked to political opinion and family membership; objective country evidence and the claimants’ failed attempts to obtain effective protection rebut the presumption of available state protection and negate any viable internal flight alternative; the associated claimant is not excluded under Article 1E because he lost permanent status for reasons beyond his control and cannot return to renew it; therefore the claimants meet the definition of Convention refugees under IRPA s.96.

Citation
2022 RLLR 74
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 October 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Oral Decision Rendered by Refugee Protection Division Member
Outcome
Claims allowed; principal and associated adult claimants and minor claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act; associated claimant not excluded under Article 1E
Legal Topics
Convention Refugee, Article 1 E Exclusion, State Protection, Internal Flight Alternative, Political Opinion, Particular Social Group, Credibility, Reavailment
Source Language
English
Immigration Law Refugee Law International Human Rights Convention Refugee Article 1 E Exclusion State Protection Internal Flight Alternative Political Opinion +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant

XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Oral Decision Rendered by Refugee Protection Division Member

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the associated claimant is excluded under Article 1E due to Colombian permanent residence
  3. 3 Whether adequate state protection is available in Venezuela or Colombia

Ratio Decidendi

The Panel found the claimants credible and established on a balance of probabilities that they face a serious possibility of persecution by the Tren de Aragua in Venezuela and Colombia linked to political opinion and family membership; objective country evidence and the claimants’ failed attempts to obtain effective protection rebut the presumption of available state protection and negate any viable internal flight alternative; the associated claimant is not excluded under Article 1E because he lost permanent status for reasons beyond his control and cannot return to renew it; therefore the claimants meet the definition of Convention refugees under IRPA s.96.

Court Disposition

Claims allowed; principal and associated adult claimants and minor claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act; associated claimant not excluded under Article 1E

Orders

  • Claimants declared Convention refugees under IRPA s.96
  • Associated claimant not excluded under Article 1E of the Refugee Convention