TA8-18982

The claimants failed to rebut the presumption of available state protection on the balance of probabilities because Mexico has functioning institutions and remedial mechanisms and the claimants did not provide clear and convincing evidence that state protection was unavailable or that they exhausted reasonable remedies; therefore they are not Convention refugees or persons in need of protection.

Citation: TA8-18982
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 23 November 2009
Procedural Posture: Refugee Protection / Decision (refugee Protection Division)
Outcome: Claims rejected
Legal Topics: Convention Refugee, State Protection, Risk to Life, Persecution, Country Conditions
Source Language: English

Immigration Refugee Law Human Rights Convention Refugee State Protection Risk to Life Persecution Country Conditions

Case Brief

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Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection / Decision (refugee Protection Division)

Legal Issues

1 Whether the claimants meet the definition of Convention refugee
2 Whether Mexico provides adequate state protection
3 Whether the claimants exhausted or reasonably attempted to exhaust available state remedies

Ratio Decidendi

Court Disposition

Claims rejected

Orders

Refugee Protection Division rejects the claims of the three claimants; they are neither Convention refugees nor persons in need of protection.