2023 RLLR 211

2023 RLLR 211

The Principal Claimant’s credible testimony and corroborating documents established a history of conduct exposing him to CJNG retaliation; objective country evidence demonstrated systemic police corruption and inability to protect targeted individuals; the CJNG has means and motivation to track the Claimants to Merida making an IFA unviable; therefore the Claimants face a personalized and elevated risk of death or serious harm and are persons in need of protection under s.97(1) IRPA.

Citation
2023 RLLR 211
Parties
Principal Claimant: XXXX XXXX; Minor Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 November 2023
Procedural Posture
Refugee Protection (irpa Ss.96 97) / RPD Decision
Outcome
Claims accepted; Claimants found to be persons in need of protection under section 97(1) of IRPA.
Legal Topics
State Protection, Internal Flight Alternative, Credibility, Personalized Risk, Cartel Violence
Source Language
English
Immigration Law Refugee Law International Protection Criminal Law (organized Crime) State Protection Internal Flight Alternative Credibility Personalized Risk +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 97) / RPD Decision

Legal Issues

  1. 1 Whether the Claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Whether the Claimants face a personalized risk from the Jalisco New Generation Cartel (CJNG) making return unsafe
  3. 3 Whether adequate state protection is available in Mexico

Ratio Decidendi

The Principal Claimant’s credible testimony and corroborating documents established a history of conduct exposing him to CJNG retaliation; objective country evidence demonstrated systemic police corruption and inability to protect targeted individuals; the CJNG has means and motivation to track the Claimants to Merida making an IFA unviable; therefore the Claimants face a personalized and elevated risk of death or serious harm and are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims accepted; Claimants found to be persons in need of protection under section 97(1) of IRPA.

Orders

  • Claimants' refugee protection claims accepted