MA7-06658

MA7-06658

Claimant is not a Convention refugee under s.96 but is a person in need of protection under s.97(1)(b) because credible evidence showed a real risk to his life from a gang that targeted him for reporting drug trafficking, and state protection was inadequate and an internal flight alternative was not realistic given the geographic circumstances.

Citation
MA7-06658
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 April 2010
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Determination)
Outcome
Claim accepted; claimant found to be a person in need of protection under section 97(1)(b) of the Immigration and Refugee Protection Act
Legal Topics
Person in Need of Protection, Convention Refugee, State Protection, Internal Flight Alternative, Gang Violence, Drug Trafficking, Threats, Risk of Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Criminal Law (contextual) Person in Need of Protection Convention Refugee State Protection Internal Flight Alternative +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Determination)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96
  2. 2 Whether claimant is a person in need of protection under s.97(1)(b)
  3. 3 Whether state protection in country of origin is adequate

Ratio Decidendi

Claimant is not a Convention refugee under s.96 but is a person in need of protection under s.97(1)(b) because credible evidence showed a real risk to his life from a gang that targeted him for reporting drug trafficking, and state protection was inadequate and an internal flight alternative was not realistic given the geographic circumstances.

Court Disposition

Claim accepted; claimant found to be a person in need of protection under section 97(1)(b) of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant recognized as a person in need of protection under section 97(1)(b) of the Act