TA6-16500

Although the claimant was found credible, documentary evidence established that Mexico has functioning institutions, ongoing reforms and specific measures addressing violence against women; the presumption of state protection in a democratic state was not rebutted on the balance of probabilities, therefore state protection was adequate and the refugee claims fail.

Citation: TA6-16500
Parties: Principal Claimant / Designated Representative: XXXXX XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 30 November 2007
Procedural Posture: Refugee Protection Claim (irpa Ss.96,97) / Hearing and Final Decision (refused)
Outcome: Claims rejected
Legal Topics: Domestic Violence, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language: English

Immigration Law Refugee Law Human Rights Law Domestic Violence Gender Based Persecution State Protection Internal Flight Alternative Credibility Assessment

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Full judgment text Legal principles 5 Authorities cited 5 Party arguments 2

Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant / Designated Representative

XXXXX XXXXX XXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Hearing and Final Decision (refused)

Legal Issues

1 Credibility of claimant's testimony
2 Availability and adequacy of state protection in Mexico
3 Whether claimant exhausted domestic remedies

Ratio Decidendi

Court Disposition

Claims rejected

Orders

Refugee protection claims pursuant to sections 96 and 97(1) IRPA dismissed
Claims of the dependent minor children dismissed as they rely on the principal claimant