2023 RLLR 36

2023 RLLR 36

On the balance of probabilities the claimants were credible, established a personalized risk of death or serious harm from the Jalisco Cartel, demonstrated that state protection in Mexico is inadequate, and showed that the cartel has the motive and capacity to pursue them anywhere in Mexico; therefore there is no viable internal flight alternative and the claimants are persons in need of protection under s.97(1)(b) IRPA.

Citation
2023 RLLR 36
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 December 2023
Procedural Posture
Refugee Protection Claim / Decision (reasons Delivered; Hearing Concluded)
Outcome
Claim allowed; claimants found to be persons in need of protection under s.97(1)(b) of the Immigration and Refugee Protection Act
Legal Topics
Refugee Protection Under S.97(1)(b) IRPA, Internal Flight Alternative, State Protection, Credibility Findings, Non State Persecution (organized Crime), Extortion
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Refugee Protection Under S.97(1)(b) IRPA Internal Flight Alternative State Protection Credibility Findings +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Decision (reasons Delivered; Hearing Concluded)

Legal Issues

  1. 1 Whether the claimants face a real and personalized risk of death or cruel and unusual treatment from the Jalisco Cartel (CJNG) under s.97(1)(b) IRPA
  2. 2 Whether the claimants' testimony and evidence are credible
  3. 3 Whether state protection in Mexico is available and effective

Ratio Decidendi

On the balance of probabilities the claimants were credible, established a personalized risk of death or serious harm from the Jalisco Cartel, demonstrated that state protection in Mexico is inadequate, and showed that the cartel has the motive and capacity to pursue them anywhere in Mexico; therefore there is no viable internal flight alternative and the claimants are persons in need of protection under s.97(1)(b) IRPA.

Court Disposition

Claim allowed; claimants found to be persons in need of protection under s.97(1)(b) of the Immigration and Refugee Protection Act

Orders

  • Claims accepted under Section 97(1)(b) of the Immigration and Refugee Protection Act
  • Hearing concluded