2023 RLLR 48

2023 RLLR 48

On the balance of probabilities the claimants face a personalized and prospective risk to their lives or to cruel or unusual treatment from the CJNG throughout Mexico; the presumption of state protection is rebutted by clear evidence of pervasive police corruption and cartel infiltration; there is no viable internal flight alternative; accordingly the claimants are in need of protection pursuant to section 97 of the IRPA.

Citation
2023 RLLR 48
Parties
Principal Claimant: XXXX; Associate Claimant: XXXX; Minor Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
11 December 2023
Procedural Posture
Refugee Protection Claim (section 97 Irpa) / Final Decision by Refugee Protection Division
Outcome
Claims accepted; claimants found in need of protection pursuant to section 97 of the Immigration and Refugee Protection Act
Legal Topics
Section 97 Risk, State Protection Presumption, Internal Flight Alternative, Credibility, Kidnapping, Police Corruption, Cartel Violence
Source Language
English
Immigration and Refugee Law Criminal/organized Crime Administrative Law Human Rights Section 97 Risk State Protection Presumption Internal Flight Alternative Credibility +3 more

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Parties

XXXX

Principal Claimant

XXXX

Associate Claimant

XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (section 97 Irpa) / Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants face a section 97 risk of cruel or unusual treatment or threat to life
  2. 2 Whether state protection is available in Mexico given police corruption
  3. 3 Whether an internal flight alternative exists within Mexico

Ratio Decidendi

On the balance of probabilities the claimants face a personalized and prospective risk to their lives or to cruel or unusual treatment from the CJNG throughout Mexico; the presumption of state protection is rebutted by clear evidence of pervasive police corruption and cartel infiltration; there is no viable internal flight alternative; accordingly the claimants are in need of protection pursuant to section 97 of the IRPA.

Court Disposition

Claims accepted; claimants found in need of protection pursuant to section 97 of the Immigration and Refugee Protection Act

Orders

  • Claimants' refugee protection claims accepted; claimants are in need of protection pursuant to section 97 of the IRPA