2023 RLLR 40

2023 RLLR 40

The claimants are credible; the principal claimant has nexus to the Convention ground of political opinion through his journalistic work and investigation of cartels and the associate claimant has nexus through family connection; objective country evidence demonstrates journalists face a serious risk from CJNG and...

Source-derived case information.

Citation
2023 RLLR 40
Parties
Claimant Principal: Principal claimant (name redacted); Claimant Associate: Associate claimant (name redacted)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 November 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Freedom of Expression, Safety of Journalists, Organized Crime (cjng)
Source Language
english
Refugee Law Immigration Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Freedom of Expression +2 more

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Parties

Principal claimant (name redacted)

Claimant Principal

Associate claimant (name redacted)

Claimant Associate

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether there is nexus to a Convention ground (political opinion; membership in a particular social group)
  3. 3 Whether claimants are credible

Ratio Decidendi

The claimants are credible; the principal claimant has nexus to the Convention ground of political opinion through his journalistic work and investigation of cartels and the associate claimant has nexus through family connection; objective country evidence demonstrates journalists face a serious risk from CJNG and state protection is not operationally effective, and there is no viable internal flight alternative; therefore the claimants are Convention refugees under section 96 of the Act.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act; claims accepted