2020 RLLR 10

2020 RLLR 10

Although the claimants failed to establish nexus to a Convention ground and therefore are not Convention refugees, the panel found on the balance of probabilities that they face a personalized risk to their lives from repeated extortion, threats and kidnappings and that state protection and internal flight alternatives are inadequate, so they are persons in need of protection under s.97(1) IRPA.

Citation
2020 RLLR 10
Parties
Claimants: Multiple claimants (five individuals); Designated Representative for Minor Claimants: Mr. [XXX]; Panel Member, Refugee Protection Division: Ana Rico
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 September 2020
Procedural Posture
Refugee Protection Claim (sections 96 and 97(1), Immigration and Refugee Protection Act) / Refugee Protection Division Decision (determination)
Outcome
Claimants found to be persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act; claim accepted.
Legal Topics
Protection Determination, Nexus to Convention Grounds, State Protection, Internal Flight Alternative, Credibility Assessment, Personalized Risk to Life
Source Language
English
Immigration Refugee Law Administrative Law Criminal Law Protection Determination Nexus to Convention Grounds State Protection Internal Flight Alternative +2 more

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Parties

Multiple claimants (five individuals)

Claimants

Mr. [XXX]

Designated Representative for Minor Claimants

Ana Rico

Panel Member, Refugee Protection Division

Procedural Posture

Refugee Protection Claim (sections 96 and 97(1), Immigration and Refugee Protection Act) / Refugee Protection Division Decision (determination)

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Whether claimants established nexus to a Convention ground for refugee status
  3. 3 Whether the claimants' testimony and evidence are credible

Ratio Decidendi

Although the claimants failed to establish nexus to a Convention ground and therefore are not Convention refugees, the panel found on the balance of probabilities that they face a personalized risk to their lives from repeated extortion, threats and kidnappings and that state protection and internal flight alternatives are inadequate, so they are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claimants found to be persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act; claim accepted.

Orders

  • Claimants are persons in need of protection; claims accepted under s.97(1) IRPA.