2019 RLLR 54

2019 RLLR 54

The claimant was found credible and established on a balance of probabilities that he faced a personalized risk from MS-13 arising from repeated extortion, an assault and explicit threats tied to his brother's disappearance; objective country evidence demonstrated ineffective state protection and a lack of viable internal flight alternative, such that the claimant meets the definition of a person in need of protection under section 97(1) IRPA.

Citation
2019 RLLR 54
Parties
Claimant: [XXX]; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 October 2019
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Hearing and Oral Decision Rendered; Written Reasons Issued
Outcome
Claim accepted; claimant found to be a person in need of protection pursuant to section 97(1) IRPA
Legal Topics
State Protection, Generalized Risk Vs Personalized Risk, Nexus, Credibility, Gang Violence, Extortion, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights State Protection Generalized Risk Vs Personalized Risk Nexus Credibility Gang Violence +2 more

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Parties

[XXX]

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Hearing and Oral Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Whether claimant faces a personalized risk of persecution from MS-13 beyond generalized gang violence
  2. 2 Whether state protection in El Salvador is available and effective
  3. 3 Credibility of the claimant

Ratio Decidendi

The claimant was found credible and established on a balance of probabilities that he faced a personalized risk from MS-13 arising from repeated extortion, an assault and explicit threats tied to his brother's disappearance; objective country evidence demonstrated ineffective state protection and a lack of viable internal flight alternative, such that the claimant meets the definition of a person in need of protection under section 97(1) IRPA.

Court Disposition

Claim accepted; claimant found to be a person in need of protection pursuant to section 97(1) IRPA

Orders

  • Claim accepted pursuant to section 97(1) of the Immigration and Refugee Protection Act