2023 RLLR 46

2023 RLLR 46

The panel accepted the claimants as credible, found them to be Mexican nationals, found on a balance of probabilities that they have a well-founded fear of persecution on the grounds of race (darker complexion) compounded by minority religion (Shia Islam), found state protection unavailable due to corruption and ineffectiveness as evidenced by documentary country conditions and the claimant's attempts to obtain police protection, and found no reasonable internal flight alternative; accordingly the claimants meet the Convention refugee definition and their claims are accepted.

Citation
2023 RLLR 46
Parties
Principal Claimant: XXXX; Associate Claimant (spouse): XXXX; Adult Child (claimant): XXXX; Minor Child (claimant) Represented by Father: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 October 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) Convention Refugee Determination / Refugee Protection Division Hearing Reasons for Decision (disposition)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Credibility, State Protection, Internal Flight Alternative, Nationality and Naturalization, Persecution on Grounds of Race and Religion, Evidence and Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Well Founded Fear of Persecution Credibility State Protection Internal Flight Alternative +3 more

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Parties

XXXX

Principal Claimant

XXXX

Associate Claimant (spouse)

XXXX

Adult Child (claimant)

XXXX

Minor Child (claimant) Represented by Father

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) Convention Refugee Determination / Refugee Protection Division Hearing Reasons for Decision (disposition)

Legal Issues

  1. 1 Nationality of claimants
  2. 2 Credibility of claimants' testimony
  3. 3 Objective basis for well-founded fear of persecution on grounds of race and religion

Ratio Decidendi

The panel accepted the claimants as credible, found them to be Mexican nationals, found on a balance of probabilities that they have a well-founded fear of persecution on the grounds of race (darker complexion) compounded by minority religion (Shia Islam), found state protection unavailable due to corruption and ineffectiveness as evidenced by documentary country conditions and the claimant's attempts to obtain police protection, and found no reasonable internal flight alternative; accordingly the claimants meet the Convention refugee definition and their claims are accepted.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Refugee Protection Division accepts the claims and finds the claimants to be Convention refugees