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Immigration and refugee law 2023 RLLR 216

2023 RLLR 216

Court
Royal Canadian Mounted Police Labour Relations

Claimant's credible testimony and corroborating evidence establish membership in the particular social group of bisexual men, an objectively well‑founded risk of persecution in Kenya given criminalisation and societal hostility, inadequate state protection, and no viable internal flight alternative; 1E exclusion does not apply on the evidence; therefore claimant meets the definition of a Convention refugee and is entitled to protection.

Source excerpt

  • Convention refugee
  • Person in need of protection
  • Particular social group
  • Sogiesc guidelines
  • State protection
  • Internal flight alternative
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Immigration 2023 RLLR 33

2023 RLLR 33

Court
Royal Canadian Mounted Police Labour Relations

The claimants' credible testimony and corroborating evidence established they face a real risk to life, danger of torture and cruel and unusual treatment from the CJNG; state protection in Mexico is unavailable or ineffective due to corruption and impunity; no viable internal flight alternative exists because the cartel has the motivation and means to pursue them nationwide; therefore they are persons in need of protection under s.97(1) IRPA.

Source excerpt

  • Subsection 97(1) irpa
  • State protection
  • Internal flight alternative
  • Credibility
  • Nexus to convention
  • Extortion
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Immigration 2023 RLLR 223

2023 RLLR 223

Court
Royal Canadian Mounted Police Labour Relations

Although the ELN abducted the claimant for financial reasons and there is no nexus to a Convention ground (s.96 claim denied), the claimant and his mother were declared military targets, the claimant possesses and has shared highly sensitive identifying information about ELN actors, state protection is operationally inadequate and corrupt and an internal flight alternative is not viable; on the balance of probabilities they face a personalized risk to life and therefore are persons in need of protection under s.97(1)(b).

Source excerpt

  • Convention refugee nexus
  • Person in need of protection s.97
  • State protection
  • Internal flight alternative
  • Credibility and corroboration
  • Change of circumstances/ceasefire
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Immigration law 2023 RLLR 62

2023 RLLR 62

Court
Royal Canadian Mounted Police Labour Relations

Claimant proved statelessness, established nexus to a Convention ground (membership of a particular social group as a man refusing to support Hamas and perceived political opinion), was found generally credible, demonstrated an objective risk of persecution by Hamas supported by country evidence, showed state protection and internal flight alternative were not available, and cannot return to former habitual residences; therefore meets the definition of a Convention refugee under s.96.

Source excerpt

  • Statelessness
  • Convention refugee
  • Particular social group
  • State protection
  • Internal flight alternative
  • Credibility
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Immigration law 2023 RLLR 211

2023 RLLR 211

Court
Royal Canadian Mounted Police Labour Relations

The Principal Claimant’s credible testimony and corroborating documents established a history of conduct exposing him to CJNG retaliation; objective country evidence demonstrated systemic police corruption and inability to protect targeted individuals; the CJNG has means and motivation to track the Claimants to Merida making an IFA unviable; therefore the Claimants face a personalized and elevated risk of death or serious harm and are persons in need of protection under s.97(1) IRPA.

Source excerpt

  • State protection
  • Internal flight alternative
  • Credibility
  • Personalized risk
  • Cartel violence
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Immigration TC3-25015

TC3-25015

Court
Refugee Appeal Division

Although the Appellant's activities could be imputed as an opposition to illegal armed groups (nexus established), the appeal is dismissed because the Appellant failed to prove the Black Eagles or affiliated actors would be motivated to or able to track and persecute him outside his local area, and Bucaramanga constitutes a viable internal flight alternative where relocation would not be unreasonable.

Source excerpt

  • Internal flight alternative
  • Convention nexus
  • Procedural fairness
  • Admissibility of new evidence
  • Occupation-based risk
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Immigration TC3-14773

TC3-14773

Court
Refugee Appeal Division

The RPD correctly found the appellant was prima facie excluded under Article 1E because she had access to and a pathway to permanent residency in Spain which she did not acquire; she failed to discharge the onus to demonstrate she could not obtain that status or safely relocate to reasonable IFA locations in Spain, and the evidence did not show her family had the means and motivation to locate and seriously harm her there; therefore the RPD's decision refusing refugee protection was correct and is confirmed.

Source excerpt

  • Article 1e exclusion
  • Internal/third country of resettlement (ifa)
  • Convention refugee status
  • Burden of proof
  • State protection
  • Sexual orientation
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Immigration 2023 RLLR 182

2023 RLLR 182

Court
Royal Canadian Mounted Police Labour Relations

The claimant is a Convention refugee because she established a well‑founded fear of persecution as a member of the particular social group 'women fearing gender‑based violence' from her ex‑husband, his family and the state in Iran and Venezuela; state protection in both countries is ineffective in her circumstances and no viable internal flight alternative exists, and her evidence was credible and corroborated.

Source excerpt

  • Convention refugee
  • Particular social group
  • State protection
  • Internal flight alternative
  • Gender considerations
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Immigration and refugee law 2022 RLLR 101

2022 RLLR 101

Court
Royal Canadian Mounted Police Labour Relations

The claimants are Convention refugees because they were credibly found to be targeted by Los Rastrojos due to their membership in the particular social group of family members of women facing gender-related persecution; objective country evidence and corroborating documents establish a well‑founded fear, state protection was unavailable or ineffective, and no viable internal flight alternative existed.

Source excerpt

  • Convention refugee
  • Particular social group
  • Gender-based persecution
  • State protection
  • Internal flight alternative
  • Paramilitary violence
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Immigration law MC2-10686

MC2-10686

Court
Refugee Appeal Division

On the balance of probabilities the appellants failed to show that the agents of harm had both the ability and present motivation to locate and persecute them in Medellín and they failed to show that relocation there would be objectively unreasonable; therefore an internal flight alternative existed and the appellants are neither Convention refugees nor persons in need of protection.

Source excerpt

  • Internal flight alternative
  • Convention refugee status
  • Risk assessment
  • Credibility and evidence evaluation
  • State protection and non‑state actors
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.