2023 RLLR 87

2023 RLLR 87

The Tribunal found on the balance of probabilities that the claimants face a real risk to life or risk of cruel and unusual treatment from a well‑connected criminal family, that state protection is unavailable or ineffective given police disclosure and discrimination, and that internal relocation is not a viable or reasonable alternative; accordingly the claimants are persons in need of protection under section 97(1) IRPA.

Citation
2023 RLLR 87
Parties
Principal Claimant: XXXX XXXX; First Associate Claimant (spouse): XXXX XXXX; Second Associate Claimant (child): XXXX XXXX; Third Associate Claimant (child): XXXX XXXX; Fourth Associate Claimant (child): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
8 June 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (rpd)
Outcome
Claims accepted; claimants found to be persons in need of protection pursuant to section 97(1) IRPA
Legal Topics
Section 97(1) IRPA, State Protection, Internal Flight Alternative, Credibility Assessment, Nexus to Convention Grounds, Organized Crime and Targeted Violence
Source Language
English
Immigration Law Refugee Protection Human Rights Country Condition Evidence Section 97(1) IRPA State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

First Associate Claimant (spouse)

XXXX XXXX

Second Associate Claimant (child)

XXXX XXXX

Third Associate Claimant (child)

XXXX XXXX

Fourth Associate Claimant (child)

Procedural Posture

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

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether state protection is available

Ratio Decidendi

The Tribunal found on the balance of probabilities that the claimants face a real risk to life or risk of cruel and unusual treatment from a well‑connected criminal family, that state protection is unavailable or ineffective given police disclosure and discrimination, and that internal relocation is not a viable or reasonable alternative; accordingly the claimants are persons in need of protection under section 97(1) IRPA.

Court Disposition

Claims accepted; claimants found to be persons in need of protection pursuant to section 97(1) IRPA

Orders

  • Claimants' refugee protection claims accepted; claimants declared persons in need of protection pursuant to section 97(1) of the Immigration and Refugee Protection Act