TA7-01720

TA7-01720

The Board found the claimants failed to establish nexus to a Convention ground; Mexico was assessed as a functioning democracy where effective state protection is reasonably available and the claimants did not demonstrate they exhausted or reasonably pursued available protection; an internal flight alternative in Guadalajara was realistic and not unduly harsh; therefore the claimants do not have a well‑founded fear of persecution and are not persons in need of protection under s.96 or s.97 IRPA.

Citation
TA7-01720
Parties
Female Claimant: XXXXX XXXXX XXXXX; Male Claimant (spouse): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2008
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing for Determination Under S.170; Decision Issued
Outcome
Claims dismissed; claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.
Legal Topics
Convention Refugee Status (s.96 Irpa), Person in Need of Protection (s.97 Irpa), State Protection, Internal Flight Alternative, Nexus to Convention Grounds, Credibility and Corroboration, Harassment/employment Related Threats
Source Language
English
Refugee Protection Immigration Law Administrative Law Criminal Victim Protection Convention Refugee Status (s.96 Irpa) Person in Need of Protection (s.97 Irpa) State Protection Internal Flight Alternative +3 more

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Parties

XXXXX XXXXX XXXXX

Female Claimant

XXXXX XXXXX XXXXX XXXXX

Male Claimant (spouse)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing for Determination Under S.170; Decision Issued

Legal Issues

  1. 1 Whether the female claimant has nexus to a Convention ground for persecution
  2. 2 Whether effective state protection is available in Mexico and was sought or was reasonably available
  3. 3 Whether an internal flight alternative (Guadalajara) is viable and reasonable

Ratio Decidendi

The Board found the claimants failed to establish nexus to a Convention ground; Mexico was assessed as a functioning democracy where effective state protection is reasonably available and the claimants did not demonstrate they exhausted or reasonably pursued available protection; an internal flight alternative in Guadalajara was realistic and not unduly harsh; therefore the claimants do not have a well‑founded fear of persecution and are not persons in need of protection under s.96 or s.97 IRPA.

Court Disposition

Claims dismissed; claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Orders

  • Claim dismissed; claimants not Convention refugees under section 96 of the IRPA and not persons in need of protection under section 97 of the IRPA