MA9-02778

MA9-02778

The claimant's testimony contained material omissions and implausibilities that destroyed credibility and he failed to demonstrate by clear and convincing evidence that state protection in Mexico was unavailable or ineffective; therefore he did not establish a nexus to a Convention ground nor a serious risk of torture, death or cruel and unusual treatment and the claim is rejected.

Citation
MA9-02778
Parties
Claimant: XXXXX XXXXXXX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Oral Decision at Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, State Protection, Credibility Assessment, Persecution Nexus, Risk of Torture/cruel or Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee State Protection Credibility Assessment Persecution Nexus Risk of Torture/cruel or Unusual Treatment

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Parties

XXXXX XXXXXXX XXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Oral Decision at Hearing

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Availability and adequacy of state protection in Mexico
  3. 3 Whether alleged harm engages a Convention ground

Ratio Decidendi

The claimant's testimony contained material omissions and implausibilities that destroyed credibility and he failed to demonstrate by clear and convincing evidence that state protection in Mexico was unavailable or ineffective; therefore he did not establish a nexus to a Convention ground nor a serious risk of torture, death or cruel and unusual treatment and the claim is rejected.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed