2020 RLLR 119

2020 RLLR 119

Claimants were found credible and provided documentary and testimonial evidence that on a balance of probabilities they face a risk to life or cruel and unusual treatment from corrupt public officials connected to criminal groups, that state protection is not reasonably available given the influence of those officials, and that no internal flight alternative exists; therefore they are persons in need of protection under s.97(1) IRPA.

Citation
2020 RLLR 119
Parties
Claimant: [XXX]; Designated Representative for Minor Children: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 July 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (merits Determination)
Outcome
Refugee protection claims allowed; claimants found to be persons in need of protection under paragraph 97(1)(a) or 97(1)(b) of the IRPA
Legal Topics
Refugee Protection, Internal Flight Alternative, State Protection, Credibility Assessment, Persecution and Nexus
Source Language
English
Immigration Refugee Law Human Rights Refugee Protection Internal Flight Alternative State Protection Credibility Assessment Persecution and Nexus

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Parties

[XXX]

Claimant

[XXX]

Designated Representative for Minor Children

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (merits Determination)

Legal Issues

  1. 1 Whether claimants face a risk to life or a risk of cruel and unusual treatment or punishment if returned to Mexico
  2. 2 Whether state protection is available and effective
  3. 3 Whether an internal flight alternative exists within Mexico

Ratio Decidendi

Claimants were found credible and provided documentary and testimonial evidence that on a balance of probabilities they face a risk to life or cruel and unusual treatment from corrupt public officials connected to criminal groups, that state protection is not reasonably available given the influence of those officials, and that no internal flight alternative exists; therefore they are persons in need of protection under s.97(1) IRPA.

Court Disposition

Refugee protection claims allowed; claimants found to be persons in need of protection under paragraph 97(1)(a) or 97(1)(b) of the IRPA

Orders

  • Refugee protection claims allowed