2023 RLLR 59

2023 RLLR 59

On a balance of probabilities the claimants face a real risk to life or of cruel and unusual treatment from the CJNG if returned to Mexico; state protection is not reasonably available due to ineffective and corrupt police, and a viable internal flight alternative does not exist (CJNG national presence including Cabo San Lucas), therefore the claimants are persons in need of protection under s.97(1) IRPA.

Citation
2023 RLLR 59
Parties
Principal Claimant: XXXX; Dependent Claimant (18 Year Old Daughter): XXXX; Dependent Claimant (15 Year Old Daughter): XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 November 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final)
Outcome
Claims accepted; claimants found to be persons in need of protection pursuant to section 97(1) IRPA.
Legal Topics
Protection Claim Under S.97(1) IRPA, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions, Organized Crime (cjng)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Protection Claim Under S.97(1) IRPA State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX

Principal Claimant

XXXX

Dependent Claimant (18 Year Old Daughter)

XXXX

Dependent Claimant (15 Year Old Daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final)

Legal Issues

  1. 1 Whether the claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Whether the principal claimant is credible
  3. 3 Whether adequate state protection exists in Mexico

Ratio Decidendi

On a balance of probabilities the claimants face a real risk to life or of cruel and unusual treatment from the CJNG if returned to Mexico; state protection is not reasonably available due to ineffective and corrupt police, and a viable internal flight alternative does not exist (CJNG national presence including Cabo San Lucas), therefore the claimants are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims accepted; claimants found to be persons in need of protection pursuant to section 97(1) IRPA.

Orders

  • Claims accepted; claimants declared persons in need of protection pursuant to section 97(1) of the Immigration and Refugee Protection Act.