2023 RLLR 53

2023 RLLR 53

The Claimants were found to be persons in need of protection because their credible, repeated and escalating targeting by LC and the CJNG, corroborated by documentation and country evidence of ineffective state protection, established a personalized and elevated risk and precluded a viable internal flight alternative (Merida).

Citation
2023 RLLR 53
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX; Minor Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 October 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Merits Decision (reasons for Decision)
Outcome
Claims accepted; Claimants found to be persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Protection, State Protection, Internal Flight Alternative, Credibility Assessment, Persecution by Non State Actors
Source Language
English
Immigration and Refugee Law Criminal Law Human Rights Administrative Law Refugee Protection State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX

Principal Claimant

XXXX

Associate Claimant

XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Merits Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants face a personalized prospective risk to life or cruel and unusual treatment from LC and CJNG
  2. 2 Whether the state of Mexico can provide adequate protection
  3. 3 Whether an internal flight alternative (Merida) is viable

Ratio Decidendi

The Claimants were found to be persons in need of protection because their credible, repeated and escalating targeting by LC and the CJNG, corroborated by documentation and country evidence of ineffective state protection, established a personalized and elevated risk and precluded a viable internal flight alternative (Merida).

Court Disposition

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

Orders

  • Claimants' refugee protection claims accepted and protection granted under section 97(1) IRPA (Refugee Protection Division reasons for decision dated October 30, 2023)