2022 RLLR 11

2022 RLLR 11

The claimants are Convention refugees under s.96 because the principal claimant credibly established a nexus to a Convention ground (women fearing gender-based violence) and the minor is a family member of a persecuted person; objective country evidence establishes a real risk and that state protection and internal relocation are not reasonably available, so the claimants face a serious possibility of persecution in Mexico.

Citation
2022 RLLR 11
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 January 2022
Procedural Posture
Refugee Protection Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision Refugee Protection Division Determination
Outcome
Claims accepted; claimants found to be Convention refugees pursuant to s.96 of the Immigration and Refugee Protection Act
Legal Topics
Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Domestic Violence, Organized Crime Extortion, Child Custody
Source Language
English
Immigration and Refugee Law Gender Based Violence Family Law Human Rights Criminal Law (organized Crime) Particular Social Group State Protection Internal Flight Alternative +4 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim Under the Immigration and Refugee Protection Act / Decision Refugee Protection Division Determination

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 of the IRPA
  2. 2 Nexus to membership of a particular social group (women fearing gender-based violence; family members of a persecuted person)
  3. 3 Credibility of claimant

Ratio Decidendi

The claimants are Convention refugees under s.96 because the principal claimant credibly established a nexus to a Convention ground (women fearing gender-based violence) and the minor is a family member of a persecuted person; objective country evidence establishes a real risk and that state protection and internal relocation are not reasonably available, so the claimants face a serious possibility of persecution in Mexico.

Court Disposition

Claims accepted; claimants found to be Convention refugees pursuant to s.96 of the Immigration and Refugee Protection Act

Orders

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