2024 RLLR 7

2024 RLLR 7

The principal claimant established on the balance of probabilities a personalized risk to life from rogue police officers and politically connected actors related to his role as complainant and his public statements; state protection was found inadequate due to corruption and rogue elements and an internal flight alternative was not viable given the actors' means to locate him, therefore he is a person in need of protection under s.97(1)(b); the associate claimant and minors have a nexus to a Convention ground (membership in a particular social group as family members) and are Convention refugees under s.96.

Citation
2024 RLLR 7
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant (spouse): XXXX XXXX; Minor Claimant (daughter): XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 February 2024
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (hearing Concluded)
Outcome
Claimants' claims accepted: principal claimant found to be a person in need of protection under s.97(1)(b) of IRPA; associate claimant and minor claimants found to be Convention refugees under s.96 of IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Credibility, Political Violence, Extrajudicial Killings
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative Credibility +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant (spouse)

XXXX XXXX XXXX

Minor Claimant (daughter)

Procedural Posture

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

Legal Issues

  1. 1 Whether the principal claimant faces a personalized risk to life or risk of cruel and unusual treatment under s.97(1)(b) of IRPA
  2. 2 Whether associate and minor claimants have nexus to a Convention ground under s.96 (membership in a particular social group)
  3. 3 Whether state protection is available and adequate

Ratio Decidendi

The principal claimant established on the balance of probabilities a personalized risk to life from rogue police officers and politically connected actors related to his role as complainant and his public statements; state protection was found inadequate due to corruption and rogue elements and an internal flight alternative was not viable given the actors' means to locate him, therefore he is a person in need of protection under s.97(1)(b); the associate claimant and minors have a nexus to a Convention ground (membership in a particular social group as family members) and are Convention refugees under s.96.

Court Disposition

Claimants' claims accepted: principal claimant found to be a person in need of protection under s.97(1)(b) of IRPA; associate claimant and minor claimants found to be Convention refugees under s.96 of IRPA.

Orders

  • Claimants' claims for protection are accepted; principal claimant declared person in need of protection under s.97(1)(b); associate and minor claimants declared Convention refugees under s.96