2020 RLLR 25

2020 RLLR 25

The Tribunal accepted the claimant's credible, corroborated testimony and country evidence showing that MS-13 posed a real risk to her and her daughter, found the presumption of state protection rebutted due to ineffective police protection and pervasive gang influence, and therefore determined on the balance of probabilities that the claimants are persons in need of protection from risk to life or cruel and unusual treatment if returned to El Salvador.

Citation
2020 RLLR 25
Parties
Claimant: Ms. [XXX]; Minor Claimant: [XXX] (minor)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 March 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Decision at Refugee Protection Division Hearing
Outcome
Claim allowed; claimants determined to be persons in need of protection
Legal Topics
Protection Need Assessment, State Protection, Nexus to Convention Grounds, Credibility Assessment, Abandonment of Foreign Asylum Claim
Source Language
English
Immigration Law Refugee Law Human Rights Protection Need Assessment State Protection Nexus to Convention Grounds Credibility Assessment Abandonment of Foreign Asylum Claim

Case Brief

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Parties

Ms. [XXX]

Claimant

[XXX] (minor)

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision at Refugee Protection Division Hearing

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.96 and s.97(1) of the IRPA
  2. 2 Whether there is nexus between the claimed risk and a Convention ground
  3. 3 Whether the presumption of state protection has been rebutted

Ratio Decidendi

The Tribunal accepted the claimant's credible, corroborated testimony and country evidence showing that MS-13 posed a real risk to her and her daughter, found the presumption of state protection rebutted due to ineffective police protection and pervasive gang influence, and therefore determined on the balance of probabilities that the claimants are persons in need of protection from risk to life or cruel and unusual treatment if returned to El Salvador.

Court Disposition

Claim allowed; claimants determined to be persons in need of protection

Orders

  • Claimants Ms. [XXX] and her minor daughter [XXX] are determined to be persons in need of protection due to risk to life or risk of cruel and unusual treatment or punishment if returned to El Salvador