2023 RLLR 10

2023 RLLR 10

The panel accepted the claimant as credible, found nexus to a Convention ground as a bisexual man, concluded state protection was unavailable given corruption and links between police and CJNG, found no viable internal flight alternative because CJNG has national reach and motive to target the claimant, and therefore on a balance of probabilities the claimant faces a risk to life or cruel and unusual treatment under section 97(1)(b) IRPA; claim accepted.

Citation
2023 RLLR 10
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 January 2023
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Decision
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
Refugee Protection, Membership in a Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Risk Under Section 97(1)(b) IRPA
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law (organized Crime) Refugee Protection Membership in a Particular Social Group Sexual Orientation State Protection +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Decision

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Nexus to a Convention ground (membership in a particular social group - bisexual man)
  3. 3 Availability of state protection

Ratio Decidendi

The panel accepted the claimant as credible, found nexus to a Convention ground as a bisexual man, concluded state protection was unavailable given corruption and links between police and CJNG, found no viable internal flight alternative because CJNG has national reach and motive to target the claimant, and therefore on a balance of probabilities the claimant faces a risk to life or cruel and unusual treatment under section 97(1)(b) IRPA; claim accepted.

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