2023 RLLR 1

2023 RLLR 1

The claimant, as a woman and immediate family member of the primary target, established nexus to a Convention ground through gendered targeting; the claimant and her mother were credible and documentary evidence corroborated the account; objective country conditions and evidence of cartel reach and systemic official corruption show inadequate state protection and that internal relocation is not viable; therefore the claimant has a subjectively and objectively well-founded fear of persecution and meets the definition of a Convention refugee.

Citation
2023 RLLR 1
Parties
Claimant: XXXX XXXX XXXX; Mother (witness): GR (ph); Brother: AC (ph)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 February 2023
Procedural Posture
Refugee Protection / Final Decision
Outcome
Claim accepted; claimant determined to be a Convention refugee
Legal Topics
Convention Refugee, Nexus, State Protection, Internal Flight Alternative, Credibility, Gender Based Persecution
Source Language
English
Immigration Law Refugee Law Gender Based Violence Human Rights Convention Refugee Nexus State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

GR (ph)

Mother (witness)

AC (ph)

Brother

Procedural Posture

Refugee Protection / Final Decision

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under ss.96 and 97(1) of IRPA
  2. 2 Whether there is nexus to a Convention ground given primary targeting of claimant's mother
  3. 3 Credibility of claimant and corroboration

Ratio Decidendi

The claimant, as a woman and immediate family member of the primary target, established nexus to a Convention ground through gendered targeting; the claimant and her mother were credible and documentary evidence corroborated the account; objective country conditions and evidence of cartel reach and systemic official corruption show inadequate state protection and that internal relocation is not viable; therefore the claimant has a subjectively and objectively well-founded fear of persecution and meets the definition of a Convention refugee.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee

Orders

  • Claim accepted; claimant determined to be a Convention refugee.