2019 RLLR 44

2019 RLLR 44

The panel found the claimants credible, concluded that politically connected gangsters with tacit police support posed a real risk to their lives and safety, that the presumption of state protection was rebutted with clear and convincing evidence, and that no viable internal flight alternative existed; therefore the claimants are persons in need of protection under s.97 IRPA.

Citation
2019 RLLR 44
Parties
Claimant: Unnamed claimant [XXX]; Co Claimant: Unnamed co-claimant [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 December 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (final Determination)
Outcome
Claimants accepted as persons in need of protection pursuant to section 97 of the Immigration and Refugee Protection Act
Legal Topics
State Protection, Internal Flight Alternative, Credibility Assessment, Political/gang Violence, Child Protection
Source Language
English
Immigration Law Refugee Law Human Rights Public Law State Protection Internal Flight Alternative Credibility Assessment Political/gang Violence +1 more

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Parties

Unnamed claimant [XXX]

Claimant

Unnamed co-claimant [XXX]

Co Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether the claimants face a risk to life or cruel and unusual treatment from politically connected gangsters with tacit police support
  2. 2 Whether the presumption of state protection is rebutted
  3. 3 Whether a viable internal flight alternative exists

Ratio Decidendi

The panel found the claimants credible, concluded that politically connected gangsters with tacit police support posed a real risk to their lives and safety, that the presumption of state protection was rebutted with clear and convincing evidence, and that no viable internal flight alternative existed; therefore the claimants are persons in need of protection under s.97 IRPA.

Court Disposition

Claimants accepted as persons in need of protection pursuant to section 97 of the Immigration and Refugee Protection Act

Orders

  • Claimants' refugee protection claims accepted; claimants found to be persons in need of protection pursuant to s.97 IRPA; no viable internal flight alternative found in India