Citation: 2019 RLLR 23
Tribunal: Refugee Protection Division
Date of Decision: December 16, 2019
Panel: Kevin Fainbloom
Counsel for the Claimant(s): Clement Osawe
Country: Mexico
RPD Number: TB8-27168
Associated RPD Number(s): TB8-27821, TB8-27316
ATIP Number: A-2021-01124
ATIP Pages: 000148-000150
DECISION
[1] MEMBER: So, these are the reasons into the determination that the, that Mr. [XXX], [XXX], his wife [XXX] and their youngest son [XXX] are people in need of protection. The claimants are citizens of, yeah, the-, the-, the claimants that remain at this point in the claim are citizens of Mexico claiming refugee protection pursuant to Section 96 and 97 of the Immigration and Refugee Protection Act.
[2] The allegations of the claimants is contained in the Basis of Claim form narratives. I’m going to briefly summarize those allegations. [XXX], the principal claimant was a [XXX] and dump [XXX] and [XXX] in Mexico from [XXX] 2014 until [XXX] 2017. He worked in a number of States that bordered the United States. In [XXX] 2016, he was befriended by 8 men who became very friendly with him and they spent some time eating together at a near-, at a restaurant. After a number of different encounters with the same men, the men indicated to the principal claimant that they wanted him to work for their company. These men indicated they knew about his wife, his children, he-, they knew where they lived and so on. They said that they were members of the Gulf cartel and they needed his assistance.
[3] The principal claimant told them he needed time to think about this offer. On [XXX] 2016, the principal claimant was kidnapped, taken to a ranch and tortured. They showed him on a video phone that his wife had been kidnapped as-, had been taken, she was being-, and she was being raped, while their youngest child-, while the child was in a different room. They also showed him a video in which they were killing people and chopping up their bodies. They ordered the principal claimant to get the company’s [XXX] and take them to the border with the United States. On [XXX], they shot up his car and left pictures of people that had been chopped up. On [XXX], they-, they went to his house, kidnapped him from the home, took him to an isolated area where he was beaten. Another man was brought to this area and murdered in front of the principal claimant. The principal claimant returned to his work on [XXX] the [XXX], he gave notice that the was going to be resigning from his position. He quit his job on [XXX] the [XXX]. Two days later he and the other claimants relocated to hide themselves at the principal claimant’s in-law’s home. Unfortunately, the death threats continued, the principal claimant was able to leave Mexico and travelled and made his way to Canada. His wife and two children remained in Mexico and left at a later time, until July of last year when they-, they were all joined together in Canada. They are now afraid to return to Mexico.
[4] After the purposes, the reason I just want to clarify that the claim of Justice [XXX], this couples’, this couples’ oldest child was withdrawn at the outset of hearing as this child is an American citizen and who is not intending to pursue a claim against the United States.
[5] The three remaining claimants that is [XXX], [XXX] and [XXX] I find that they are not Convention refugees as they do not have a well-founded fear of persecution for a Convention ground in Mexico. However, I find that they are people in need of protection, as their removal to Mexico would subject them personally to a risk to their lives.
[6] The claimant’s identities as-, as citizens of Mexico is established by the documents on file which include copies of their passports.
[7] With respect to credibility, as I indicated to the principal claimant, I have some concerns which are properly called plausibility concerns. Specific plausibility of the family remaining at their in-law’s home after they had been found there. The plausibility of their continuing to send their son to school. The plausibility of the principal claimant giving notice that he was going to be leaving his work, rather than just working-, just leaving quietly. However, notwithstanding these concerns, there are a number of corroborative documents that are helpful in establishing the credibility. I do believe the principal claimant has been traumatized in some fashion. The female adult claimant was questioned and provided some evidence which I thought was quite credible and referred to her being subject to rapes. The claimant’s allegations are not inconsistent with country conditions and the types of things that can happen to people there who are-, who are in some form of conflict or trouble with the-, with the Gulf cartel. So, on a balance of probabilities, I accept the claimant’s allegations to be credible. That is, I accept that because of the principal claimant’s ability as a [XXX], as a [XXX], he was of interest to the Gulf cartel. I accept that he was pursued by the Gulf cartel to work for them and I accept that Gulf cartel was intent on harming him and his family when they came to believe that he was not going to be co-operative.
[8] Given that I accept those allegations, the current conditions in Mexico indicate that there is an objective basis to their fear of returning to that country. Gulf cartel and other-, other organized criminal groups have been implicated in numerous killings and acting with impunity and most tragically at times in league with corrupt federal state, local and security officials. Criminal organizations have been involved in forced disappearances, torture, sexual violence, kidnappings and-, and so on. So, I believe if these claimants return to Mexico, their lives would be at risk of these agents of harm.
[9] I have considered whether adequate state protection would be available or whether there might be a viable internal flight alternative. I find given the complicity, the documents referred to of the criminal organizations working with federal, state, local and security officials, that adequate state protection would not be provided. I would note, that the principal claimant described how he would be escorted by the army and the police when he [XXX], they wanted him to drive to the-, to the border with the United States, which obviously suggests again, corrupt officials being involved in these activities. So, I don’t believe adequate state protection would be available with respect to a viable internal flight alternative, I find there would not be one. There’s insufficient evidence before me that the Gulf cartel cannot reach to anywhere in Mexico, if so desired. In particularly, in light of the corruption, I’ve just referred to it is quite reasonable to assume that if they were intent on finding someone they could find a person who is living above ground, that is leaving and operating in-, in any free manner. So, I did not believe there would be a ‘ a viable internal flight alternative.
[10] So, to conclude, I find the claimants face a risk to their lives if returned to Mexico and accordingly, I find the claimants to be people in need of protection pursuant to Section 97(1)(b) of the Immigration and Refugee Protection Act.
———- REASONS CONCLUDED ———-