MA9-00470

MA9-00470

The claimants' refugee protection claim was rejected because the panel found pervasive contradictions between testimony and written evidence, significant credibility defects, lack of identification of persecutors or nexus to a Convention ground, and failure to demonstrate on a balance of probabilities a real risk of death, torture or cruel and unusual treatment if returned to Mexico.

Citation
MA9-00470
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2011
Procedural Posture
Refugee Protection Claim / Determination (final)
Outcome
Refugee protection claim rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Particular Social Group, Risk to Life, Torture, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Particular Social Group Risk to Life Torture Credibility Assessment

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 1
Sign in to unlock

Parties

XXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Determination (final)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimants are persons in need of protection
  3. 3 Whether the claimants proved a real risk of torture or cruel and unusual treatment

Ratio Decidendi

The claimants' refugee protection claim was rejected because the panel found pervasive contradictions between testimony and written evidence, significant credibility defects, lack of identification of persecutors or nexus to a Convention ground, and failure to demonstrate on a balance of probabilities a real risk of death, torture or cruel and unusual treatment if returned to Mexico.

Court Disposition

Refugee protection claim rejected; claimants are not Convention refugees nor persons in need of protection

Orders

  • Refugee protection claim rejected