2023 RLLR 50

2023 RLLR 50

The claimants are Convention refugees because they credibly demonstrated a well‑founded fear of persecution tied to membership in a particular social group (lesbian women) and a real risk from corrupt government officials they exposed; objective evidence shows state protection in Mexico is ineffective due to systemic corruption and organized crime infiltration, and no viable internal flight alternative exists, therefore refugee protection under s.96 IRPA is warranted.

Citation
2023 RLLR 50
Parties
Claimant: XXXX; Associate Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 July 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee) / Decision of the Refugee Protection Division
Outcome
Claim allowed; both claimant and associate claimant accepted as Convention refugees under section 96 of IRPA.
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility, Well Founded Fear
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group Sexual Orientation State Protection Internal Flight Alternative +2 more

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Parties

XXXX

Claimant

XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee) / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether there is nexus to a particular social group based on sexual orientation
  3. 3 Whether the Mexican state can provide effective protection

Ratio Decidendi

The claimants are Convention refugees because they credibly demonstrated a well‑founded fear of persecution tied to membership in a particular social group (lesbian women) and a real risk from corrupt government officials they exposed; objective evidence shows state protection in Mexico is ineffective due to systemic corruption and organized crime infiltration, and no viable internal flight alternative exists, therefore refugee protection under s.96 IRPA is warranted.

Court Disposition

Claim allowed; both claimant and associate claimant accepted as Convention refugees under section 96 of IRPA.

Orders

  • Both claimants granted refugee protection as Convention refugees under s.96 IRPA