MA8-05944

MA8-05944

The panel rejected the claims because the tribunal found the claimants' narratives not credible and implausible, emphasized unreasonable failure to produce or reasonably attempt to obtain corroborating documents under Rule 7, found no established nexus between country conditions and the applicants' personal situation, and concluded state protection in Mexico was available and not exhausted; accordingly claims under ss.96 and 97 of the Act were rejected.

Citation
MA8-05944
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXX; Spouse/claimant and Designated Representative for Minors: XXXXXXXXXXXXXXX; Minor Claimant (son): XXXXXXXXXXXXXXXXXXX; Minor Claimant (daughter): XXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Refugee protection claims rejected; claimants are not Convention refugees under section 96 and not persons in need of protection under section 97 of the Immigration and Refugee Protection Act
Legal Topics
Credibility Assessment, State Protection, Particular Social Group, Risk of Torture/cruel Treatment, Procedural Accommodations for Vulnerable Persons, Evidentiary Corroboration and Rule 7
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Credibility Assessment State Protection Particular Social Group Risk of Torture/cruel Treatment +2 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXX

Spouse/claimant and Designated Representative for Minors

XXXXXXXXXXXXXXXXXXX

Minor Claimant (son)

XXXXXXXXXXXXXXXXXXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Whether claimants are credible
  2. 2 Whether nexus exists between alleged harm and a Convention ground (particular social group)
  3. 3 Whether state protection in Mexico is available and was exhausted

Ratio Decidendi

The panel rejected the claims because the tribunal found the claimants' narratives not credible and implausible, emphasized unreasonable failure to produce or reasonably attempt to obtain corroborating documents under Rule 7, found no established nexus between country conditions and the applicants' personal situation, and concluded state protection in Mexico was available and not exhausted; accordingly claims under ss.96 and 97 of the Act were rejected.

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees under section 96 and not persons in need of protection under section 97 of the Immigration and Refugee Protection Act

Orders

  • Refugee protection claims dismissed