VA6-00539

VA6-00539

Claimant's credible testimony established he was brutally abused and threatened by persons including uniformed police, demonstrating state-linked persecution and a real risk of torture or cruel and unusual treatment throughout Mexico; an internal flight alternative is unreasonable given the involvement or connections of police and the documented lack of effective state protection, therefore he meets the definition of Convention refugee under section 96 and is a person in need of protection under section 97.

Citation
VA6-00539
Parties
Claimant: XXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 August 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision Refugee Protection Division
Outcome
Claimant found to be a Convention refugee under section 96 and a person in need of protection under section 97 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, Particular Social Group, Sexual Orientation, Torture, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Law Convention Refugee Persecution Particular Social Group Sexual Orientation Torture +1 more

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Parties

XXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimant, a gay man, faces persecution or risk of torture on return to Mexico
  2. 2 Whether the risk is countrywide or an internal flight alternative to Mexico City is reasonable
  3. 3 Whether state protection is available or effective given involvement of police in abuse

Ratio Decidendi

Claimant's credible testimony established he was brutally abused and threatened by persons including uniformed police, demonstrating state-linked persecution and a real risk of torture or cruel and unusual treatment throughout Mexico; an internal flight alternative is unreasonable given the involvement or connections of police and the documented lack of effective state protection, therefore he meets the definition of Convention refugee under section 96 and is a person in need of protection under section 97.

Court Disposition

Claimant found to be a Convention refugee under section 96 and a person in need of protection under section 97 of the Immigration and Refugee Protection Act.

Orders

  • Claimant recognized as a Convention refugee and as a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act.