TA7-14045

TA7-14045

The claimant's protection claims fail because he did not establish nexus to a Convention ground and did not rebut the presumption that Mexico can protect its citizens: Mexico demonstrated effective law enforcement (documented denunciation and incarceration of an identified perpetrator), the claimant generally did not seek police protection for subsequent incidents, and the alleged threats and documentary evidence were insufficiently specific or credible to show state inability to protect.

Citation
TA7-14045
Parties
Principal Claimant / Designated Representative: XXXXX XXXXX XXXXX; Spouse / Claimant: XXXXX XXXXX XXXXX; Dependent Child / Claimant: XXXXX XXXXX XXXXX; Dependent Child / Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 August 2008
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (merits)
Outcome
Claim rejected; principal claimant is not a Convention refugee and not a person in need of protection; claims of spouse and three minor dependants rejected
Legal Topics
Convention Refugee, Person in Need of Protection (s97 Irpa), State Protection, Nexus, Victim of Crime
Source Language
English
Immigration Refugee Law Administrative Law Criminality/victim of Crime State Protection Convention Refugee Person in Need of Protection (s97 Irpa) Nexus +1 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant / Designated Representative

XXXXX XXXXX XXXXX

Spouse / Claimant

XXXXX XXXXX XXXXX

Dependent Child / Claimant

XXXXX XXXXX XXXXX XXXXX

Dependent Child / Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether effective state protection is available in Mexico

Ratio Decidendi

The claimant's protection claims fail because he did not establish nexus to a Convention ground and did not rebut the presumption that Mexico can protect its citizens: Mexico demonstrated effective law enforcement (documented denunciation and incarceration of an identified perpetrator), the claimant generally did not seek police protection for subsequent incidents, and the alleged threats and documentary evidence were insufficiently specific or credible to show state inability to protect.

Court Disposition

Claim rejected; principal claimant is not a Convention refugee and not a person in need of protection; claims of spouse and three minor dependants rejected

Orders

  • Claims of XXXXX XXXXX XXXXX (principal), his spouse and three children dismissed
  • No protection granted under ss.96-97 IRPA