2020 RLLR 26

2020 RLLR 26

On the balance of probabilities the claimant faces a real risk of harm from her ex-partner, state protection in Mexico is not reasonably available in the circumstances, and an internal flight alternative is not viable because the claimant would reasonably pursue custody of her children; therefore she is a person in need of protection and the claim is accepted.

Citation
2020 RLLR 26
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 March 2020
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division Reasons)
Outcome
claim accepted; claimants found to be persons in need of protection
Legal Topics
Credibility, State Protection, Internal Flight Alternative, Domestic Violence, Custody, Non State Actor Persecution (cartel)
Source Language
English
Immigration Refugee Law Gender Based Violence Human Rights Credibility State Protection Internal Flight Alternative Domestic Violence +2 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division Reasons)

Legal Issues

  1. 1 credibility of claimant's claim that AOP is Los Zetas member
  2. 2 availability of state protection in Mexico for gender-based violence
  3. 3 viability of internal flight alternative given custody concerns

Ratio Decidendi

On the balance of probabilities the claimant faces a real risk of harm from her ex-partner, state protection in Mexico is not reasonably available in the circumstances, and an internal flight alternative is not viable because the claimant would reasonably pursue custody of her children; therefore she is a person in need of protection and the claim is accepted.

Court Disposition

claim accepted; claimants found to be persons in need of protection

Orders

  • Claim accepted and claimants granted refugee protection (reasons recorded)