MA7-06752

MA7-06752

The claimant failed to establish a nexus to a Convention ground and failed to rebut the presumption that the Mexican state could protect him (no clear and convincing evidence of state inability or unwillingness); his credibility was undermined by voluntary return and failure to seek local remedies; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
MA7-06752
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Cory Verbauwhede; Presiding Member: Jocelyne Senécal; Tribunal Officer: Jacqueline La
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Determination of Claim
Outcome
Refugee claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus to Convention Grounds, Presumption of State Protection, Burden of Proof, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law State Protection Convention Refugee Person in Need of Protection Nexus to Convention Grounds Presumption of State Protection +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Me Cory Verbauwhede

Claimant's Counsel

Jocelyne Senécal

Presiding Member

Jacqueline La

Tribunal Officer

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Determination of Claim

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) of the IRPA
  3. 3 Whether there is a nexus between the alleged persecution and a Convention ground

Ratio Decidendi

The claimant failed to establish a nexus to a Convention ground and failed to rebut the presumption that the Mexican state could protect him (no clear and convincing evidence of state inability or unwillingness); his credibility was undermined by voluntary return and failure to seek local remedies; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Refugee claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected