MA8-16741

MA8-16741

The claim was rejected because the Tribunal found the claimant's allegations undermined by contradictions and by his unreasonable failure to obtain available corroborative documents or to seek protection from Mexican authorities; on the balance of probabilities he did not establish a real risk to life or cruel and unusual treatment on return.

Citation
MA8-16741
Parties
Claimant: XXXX XXXX XXXXXX; Claimant's Counsel: Me Manuel Antonio Centurion; Panel Chair: Me Alain Bissonnette; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2011
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act S.97 / Oral Decision at Hearing (refugee Protection Division)
Outcome
Refugee protection claim rejected
Legal Topics
Credibility, State Protection, Production of Documents, Risk to Life, Harassment, Victim of Criminality
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility State Protection Production of Documents Risk to Life Harassment +1 more

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Parties

XXXX XXXX XXXXXX

Claimant

Me Manuel Antonio Centurion

Claimant's Counsel

Me Alain Bissonnette

Panel Chair

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act S.97 / Oral Decision at Hearing (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant's allegations are credible
  2. 2 Whether claimant took reasonable steps to obtain documentary corroboration
  3. 3 Whether claimant sought or could have sought protection from Mexican authorities

Ratio Decidendi

The claim was rejected because the Tribunal found the claimant's allegations undermined by contradictions and by his unreasonable failure to obtain available corroborative documents or to seek protection from Mexican authorities; on the balance of probabilities he did not establish a real risk to life or cruel and unusual treatment on return.

Court Disposition

Refugee protection claim rejected

Orders

  • Claimant's refugee protection claim under section 97 rejected by RPD; decision signed June 22, 2011