MA6-01559

MA6-01559

Although the claimants plausibly paid bribes to corrupt police officers, the evidence showed Peru possessed institutional avenues for complaints in Lima; the principal claimant did not attempt those alternatives and filed a police complaint only days before departure, undermining his claim to have sought protection. The failure to pursue available state remedies and credibility issues justified rejection of the refugee protection claim.

Citation
MA6-01559
Parties
Claimant: XXXX XXXX XXXXX XXXXX; Claimant: XXXX XXXX XXXX XXXX XX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 January 2007
Procedural Posture
Refugee Protection Claim / Decision After Merits Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Failure to Seek State Protection, Credibility Assessment, Police Extortion, Country Conditions
Source Language
English
Refugee Protection State Protection Corruption Immigration Failure to Seek State Protection Credibility Assessment Police Extortion Country Conditions

Case Brief

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Parties

XXXX XXXX XXXXX XXXXX

Claimant

XXXX XXXX XXXX XXXX XX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision After Merits Hearing

Legal Issues

  1. 1 Whether the claimants were persecuted by state actors or non-state actors acting with state acquiescence
  2. 2 Whether effective state protection was available in Peru and was sought by the claimants
  3. 3 Credibility of the claimants and timing of complaint filing

Ratio Decidendi

Although the claimants plausibly paid bribes to corrupt police officers, the evidence showed Peru possessed institutional avenues for complaints in Lima; the principal claimant did not attempt those alternatives and filed a police complaint only days before departure, undermining his claim to have sought protection. The failure to pursue available state remedies and credibility issues justified rejection of the refugee protection claim.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim dismissed