2022 RLLR 13

2022 RLLR 13

The Claimants lacked nexus to a Convention ground because their harm arose from criminal extortion, but on a balance of probabilities they face a personal risk to life from MS13, there is no adequate state protection and no viable internal flight alternative, therefore they are persons in need of protection under s.97(1) IRPA.

Citation
2022 RLLR 13
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 January 2022
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)
Outcome
Claim allowed; Claimants found to be persons in need of protection pursuant to section 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Person in Need of Protection, Extortion, State Protection, Internal Flight Alternative, Credibility, Nexus
Source Language
English
Immigration Law Refugee Protection Human Rights Convention Refugee Person in Need of Protection Extortion State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the Claimants established nexus to a Convention ground
  2. 2 Whether the Claimants face a personal risk to life or cruel and unusual treatment pursuant to s.97(1) IRPA
  3. 3 Whether adequate state protection exists in Honduras

Ratio Decidendi

The Claimants lacked nexus to a Convention ground because their harm arose from criminal extortion, but on a balance of probabilities they face a personal risk to life from MS13, there is no adequate state protection and no viable internal flight alternative, therefore they are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claim allowed; Claimants found to be persons in need of protection pursuant to section 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claimants' claims accepted; Claimants declared persons in need of protection under section 97(1) IRPA