2023 RLLR 25

2023 RLLR 25

The claimants established a nexus to a Convention ground (woman and family members), credible evidence of a well‑founded fear of persecution by a CJNG‑affiliated ex‑husband, that state protection in Mexico is inadequate and unavailable in their circumstances, and that no viable internal flight alternative exists; therefore, on the balance of probabilities they meet the s.96 IRPA definition of Convention refugee and their claims are accepted.

Citation
2023 RLLR 25
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 December 2023
Procedural Posture
Refugee Protection Claim (irpa S.96) / Final Merits Decision by Refugee Protection Division
Outcome
Claims accepted; claimants found to be Convention refugees under s.96 IRPA
Legal Topics
Convention Refugee, Gender Based Violence, Organized Crime/cartel Violence, State Protection, Internal Flight Alternative, Family/custody Issues, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Gender Based Violence Organized Crime/cartel Violence State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa S.96) / Final Merits Decision by Refugee Protection Division

Legal Issues

  1. 1 Nexus to a Convention ground (membership of a particular social group: women and family members)
  2. 2 Credibility of claimants' testimony and documentary evidence
  3. 3 Existence of a well‑founded fear of persecution from a CJNG‑affiliated ex‑husband

Ratio Decidendi

The claimants established a nexus to a Convention ground (woman and family members), credible evidence of a well‑founded fear of persecution by a CJNG‑affiliated ex‑husband, that state protection in Mexico is inadequate and unavailable in their circumstances, and that no viable internal flight alternative exists; therefore, on the balance of probabilities they meet the s.96 IRPA definition of Convention refugee and their claims are accepted.

Court Disposition

Claims accepted; claimants found to be Convention refugees under s.96 IRPA

Orders

  • Refugee protection granted to the three claimants (Convention refugee designation)