MA8-09511

MA8-09511

The claimants' account was found not credible on material points and they failed to seek available state protection in Mexico; Mexico was not shown, by clear and convincing evidence, to be unable to protect them; therefore they are neither Convention refugees nor persons in need of protection under the Act.

Citation
MA8-09511
Parties
Claimant: XXXX XXXX XXXX XXXXX XXXXX; Claimant: XXXX XXXXX XXXX XXXXX; Claimant: XXXX XXXXX XXXX; Claimant's Counsel: Me Gisele Barraza; Designated Representative: XXXX XXXXX XXXX XXXXX; Tribunal: Carlos Martinez; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 August 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refusal)
Outcome
Refugee protection claims rejected.
Legal Topics
Convention Refugee, Persons in Need of Protection, State Protection, Credibility, Corruption, Family
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Persons in Need of Protection State Protection Credibility Corruption +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

XXXX XXXX XXXX XXXXX XXXXX

Claimant

XXXX XXXXX XXXX XXXXX

Claimant

XXXX XXXXX XXXX

Claimant

Me Gisele Barraza

Claimant's Counsel

XXXX XXXXX XXXX XXXXX

Designated Representative

Carlos Martinez

Tribunal

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refusal)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees or persons in need of protection
  2. 2 Credibility of the claimant's account regarding threats and payments
  3. 3 Whether effective state protection was available in Mexico and was sought by the claimant

Ratio Decidendi

The claimants' account was found not credible on material points and they failed to seek available state protection in Mexico; Mexico was not shown, by clear and convincing evidence, to be unable to protect them; therefore they are neither Convention refugees nor persons in need of protection under the Act.

Court Disposition

Refugee protection claims rejected.