2023 RLLR 58

2023 RLLR 58

The member found the claimant credible and corroborated, concluded objective evidence shows pervasive cartel reach and systemic police corruption rebutting the presumption of state protection, determined internal flight alternatives were not viable because the Sinaloa Cartel could locate him throughout Mexico, and therefore on a balance of probabilities the claimant faces a section 97 risk throughout Mexico; claim accepted.

Citation
2023 RLLR 58
Parties
Claimant: XXXX; Member, Refugee Protection Division: Tina Androutsos
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 December 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim accepted; claimant found to be in need of protection under section 97 of the Immigration and Refugee Protection Act.
Legal Topics
State Protection, Internal Flight Alternative, Persecution by Non State Actors, Credibility, Section 97 IRPA
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law State Protection Internal Flight Alternative Persecution by Non State Actors Credibility Section 97 IRPA

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Parties

XXXX

Claimant

Tina Androutsos

Member, Refugee Protection Division

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 credibility of claimant
  2. 2 whether Sinaloa Cartel constitutes agents of harm/persecution
  3. 3 availability of state protection in Mexico

Ratio Decidendi

The member found the claimant credible and corroborated, concluded objective evidence shows pervasive cartel reach and systemic police corruption rebutting the presumption of state protection, determined internal flight alternatives were not viable because the Sinaloa Cartel could locate him throughout Mexico, and therefore on a balance of probabilities the claimant faces a section 97 risk throughout Mexico; claim accepted.

Court Disposition

Claim accepted; claimant found to be in need of protection under section 97 of the Immigration and Refugee Protection Act.

Orders

  • Claim allowed; protection granted under section 97 of the Immigration and Refugee Protection Act.