2023 RLLR 255

2023 RLLR 255

The panel accepted the principal claimant’s credible testimony and corroborating police reports and affidavits, found an escalating, targeted risk of serious harm from the One Order gang, concluded state protection was unavailable or ineffective and that internal relocation was not viable in the Bahamas; therefore the claimants meet the criteria of persons in need of protection under subsection 97(1) IRPA.

Citation
2023 RLLR 255
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 July 2023
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Final Determination by Refugee Protection Division
Outcome
Claimants found to be persons in need of protection pursuant to subsection 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Well Founded Fear, State Protection, Internal Flight Alternative, Credibility Assessment, Gang Violence, Gender Considerations
Source Language
English
Immigration Refugee Law Public Safety Criminal Law Well Founded Fear State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.97(1) IRPA
  2. 2 Credibility of the principal claimant
  3. 3 Existence and seriousness of personal risk from the One Order gang

Ratio Decidendi

The panel accepted the principal claimant’s credible testimony and corroborating police reports and affidavits, found an escalating, targeted risk of serious harm from the One Order gang, concluded state protection was unavailable or ineffective and that internal relocation was not viable in the Bahamas; therefore the claimants meet the criteria of persons in need of protection under subsection 97(1) IRPA.

Court Disposition

Claimants found to be persons in need of protection pursuant to subsection 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claims accepted; claimants recognized as persons in need of protection under s.97(1) IRPA