2023 RLLR 4

Citation: 2023 RLLR 4
Tribunal: Refugee Protection Division
Date of Decision: January 20, 2023
Panel: Zoe Knes-Gray
Counsel for the Claimant(s): Marcela Donaji Gonzalez-Rodriguez
Country: Mexico
RPD Number: TC1-04899
Associated RPD Number(s): N/A
ATIP Number: A-2023-01721
ATIP Pages: N/A

DECISION

[1]       MEMBER: This is the decision for the claimant XXXX XXXX XXXX. I am sorry if I have mispronounced your name at all. You are citizen of Mexico, and are claiming refugee protection, pursuant to sections 96 and 97(1) of Immigration and Refugee Protection Act. For the following reasons, I find that you meet the definition of a Convention refugee, under Section 96 of the IRPA.

ALLEGATIONS

[2]       The specifics of your allegations are set out in your Basis of Claim forms, as amended. In summary, you allege that you have been harassed and sexually assaulted by a man named XXXX (ph), who is a member of the Jalisco Cartel, and has continued to inquire about your whereabouts since you left Mexico and threatened your family. You allege that if you return to Mexico, you will be persecution by XXXX.

Identity

[3]       Your personal identity is as a citizen of Mexico has been established by your testimony and supporting documents, files, Exhibits, specifically, your passport issued by the government of Mexico. I therefore find on a balance of probabilities that identity and country of reference have been established.

Nexus

[4]       I find that there is a link between what you fear on a Convention ground, specifically your membership in a particular social group, as a woman facing gender-related and sexual violence. I have therefore assessed your claim under section 96.

Credibility

[5]       Overall, and found to be a credible witness, and believe what you have alleged on a balance of probabilities. You spoke about meeting XXXX where you worked XXXX XXXX XXXX, how he requested personal information about you, such as your cell phone number, which you refused to provide, and the events leading up to the assault, including how he became upset about XXXX XXXX XXXX XXXX XXXX, which you then went with him to investigate. You also spoke about your contact with him following the assault, including his presence outside your home in his car, and his attendance at your work, where he made threatening remarks, and informed you that he was part of the cartel. You also spoke about text messages that he sent to you on occasions when he would watch you from his car, and attempt to talk to you.

[6]       You also spoke about an instance after you left Mexico, that XXXX has continued to park outside of your house, and ask neighbours where you were, and when they had last seen you, including as recently as last year. You further testified that your sister was trying to collect evidence about XXXX for your hearing, and that as a result, an unknown man approached and threatened her, identifying himself as acting on XXXX’s behalf. The man said that he knew who your sister was, and that they knew that she had been asking about XXXX in the Public Ministry, and stated that XXXX was a member of the cartel. Overall, I found your testimony to be spontaneous, detailed, and consistent with your Basis of Claim forms.

[7]       There was one incident where you mentioned that from XXXX or XXXX of 2022, where your family’s tires were cut, and that they found a note from XXXX. This information was not included in your narrative. When asked about this, you said that you did not know why you did not include it, and that you did not think that you had enough proof of it. I find that this information is relevant to your claim, and should have been included in a BOC amendment, however, I know that this information is also included in a letter of support your mother. I therefore do not draw negative inference from this omission. There were no other inconsistencies or omissions going to the core of the claim. You also provided documentary evidence to support your claim, including letters of support from people in Mexico and police reports. I find these documents to be credible and support your allegations.

[8]       Based on the totality of the evidence, I find your subjective fear and established by your credible testimony, and I believe what you have alleged on a balance of probabilities. I found that you have been harassed and assaulted by XXXX, who has continued to inquire about your whereabouts and threatening your family.

Objective Basis

[9]       The sexual assault and harassment that you have experienced in Mexico supports the objective basis of your fear of harm of forward-looking basis. The objective basis is further supported by evidence in the National Documentation Package from Mexico. 7.18 of the National Documentation Package from Mexico states that organized criminal groups play a large role in the country’s violence, and are involved in a major portion of Mexico’s homicides. Item 5.20 states that femicide rose 10 percent in 2019 from the previous year. Organized crime femicide occurs in areas where there is a presence of gang culture, within which women are considered disposable, may be used as drug mules, and violence committed against them represent gang cohesion and masculinity. Sources state that organized crime groups murder women for their sense of belonging, seeing them as an object owned by their rivals, and to cause damage, they kill their women.

[10]     Item 7.7 also states that the Jalisco New Generation Cartel, or CJNG, has the most operational capacity in the country, and is the only cartel with a national presence, along with the Sinaloa Cartel. The CJNG reportedly centers its rule on brutality, abrasiveness, and aggressiveness that is involved in homicides, kidnapping, and human trafficking.

[11]     Based on your credible testimony, and the objective evidence in the National Documentation Package, I find your subjective fear of persecution is well-founded. I am satisfied that you face a serious possibility of persecution if returned to Mexico, and that this risk would continue.

State Protection

[12]     You indicated that you did seek state protection in Mexico, but that the authorities did not assist you. In these particular circumstances, I find that adequate state protection would not be reasonably forthcoming to you in Mexico. Item 7.18 reports that police forces in Mexico lack human and material resources to properly investigate crimes, and that for all murders registered between 2010 and 2016, 94.8 percent of cases had (inaudible) charges. Sources report that police officers colluded with organized crime, and that poor working conditions in law enforcement agencies leave police officers particularly vulnerable to bribes and infiltration by organized crime. Item 7.8 reports that 80 percent of police forces are controlled by criminals, the sources noting that criminal groups bribe the police, and that local police and politicians have been infiltrated by organized crime.

[13]     Item 5.20 states that there are deep rooted institutional, structural, and practical barriers, which continue to hinder access to justice for women, including that officials in the criminal justice system, including law enforcement, hold discriminatory stereotypes and limited knowledge of women’s rights. Complicity, indifference, and mismanagement of cases by law enforcement perpetuates violence, and culprits often go unpunished.

[14]     In light of the objective country documentation, as well as your personal circumstances, I find that you have rebutted the presumption of state protection, and that adequate state protection would not be available to you in Mexico, on a balance of probabilities.

Internal Flight Alternative

[15]     I have also considered whether a viable internal flight alternative exists for you in Mexico City. I find that in these particular circumstances, there is no viable internal flight alternative available to you. You testified about the assault and harassment that you have experienced, and how XXXX has continued to inquire about you and threaten your family. Item 7.8 states that organized crime groups track and retaliate against individuals, and could easily track and retaliate against relocated persons if they are interested and willing to do so. According to sources, criminal groups are motivated to track individuals because they steal or lose money, due to personal rivalries, personal vengeance, perceived betrayal, and cooperation with authorities, among other reasons.

[16]     Sources state that if any criminal organization is interested in harming an individual, no city will provide a safe haven, and any of these organizations has the capacity to commit violent acts against any person in the country. I find that XXXX has demonstrated a continued and ongoing motivation to target and harm you, and that as a member of the cartel, he has the ability to locate you throughout Mexico.

[17]     I therefore find that you do not have a viable internal flight alternative in Mexico City.

CONCLUSION

[18]     Based on the totality of the evidence, I find you to be a Convention refugee, as per section 96 of Immigration and Refugee Protection Act. Therefore, I accept your claim.

——— REASONS CONCLUDED ———