2023 RLLR 123

2023 RLLR 123

The panel found the claimant credible on the core allegations, accepted documentary evidence including the FIR and affidavit, relied on country documentation demonstrating endemic police corruption and collusion with the ruling party to conclude state protection is unavailable, found no viable internal flight alternative, and therefore determined on a balance of probabilities that the claimant faces a personalized forward‑facing risk and is a person in need of protection under section 97(1) IRPA.

Citation
2023 RLLR 123
Parties
Claimant: XXXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 December 2023
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division
Outcome
Claim accepted; claimant found to be a person in need of protection under section 97(1) of the IRPA.
Legal Topics
Well Founded Fear, State Protection, Internal Flight Alternative, Credibility, Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Well Founded Fear State Protection Internal Flight Alternative Credibility Persecution

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Parties

XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a person in need of protection under section 97(1) of the IRPA
  2. 2 Credibility of claimant's testimony and documentary evidence
  3. 3 Availability and adequacy of state protection in Bangladesh

Ratio Decidendi

The panel found the claimant credible on the core allegations, accepted documentary evidence including the FIR and affidavit, relied on country documentation demonstrating endemic police corruption and collusion with the ruling party to conclude state protection is unavailable, found no viable internal flight alternative, and therefore determined on a balance of probabilities that the claimant faces a personalized forward‑facing risk and is a person in need of protection under section 97(1) IRPA.

Court Disposition

Claim accepted; claimant found to be a person in need of protection under section 97(1) of the IRPA.

Orders

  • Refugee protection claim accepted