2019 RLLR 48

2019 RLLR 48

On the balance of probabilities the claimants would face a risk to life or cruel and unusual treatment from gang actors and state protection would not be reasonably forthcoming in their particular circumstances, therefore they are persons in need of protection under section 97 and the claims are accepted.

Citation
2019 RLLR 48
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Decision by Refugee Protection Division (final Determination)
Outcome
Claim accepted; claimants found to be persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act
Legal Topics
State Protection, Gang Violence, Persecution, Credibility Assessment, Risk to Life, Women and Girls as a Vulnerable Group
Source Language
English
Immigration Refugee Law Public International Law Human Rights State Protection Gang Violence Persecution Credibility Assessment +2 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Decision by Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether claimant faces a risk to life or cruel and unusual treatment from gang violence
  2. 2 Whether there is nexus to a protected ground under section 96
  3. 3 Whether adequate state protection would be reasonably forthcoming

Ratio Decidendi

On the balance of probabilities the claimants would face a risk to life or cruel and unusual treatment from gang actors and state protection would not be reasonably forthcoming in their particular circumstances, therefore they are persons in need of protection under section 97 and the claims are accepted.

Court Disposition

Claim 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; claimants found to be persons in need of protection