MA8-14750

MA8-14750

The claims fail because the principal claimant's testimony was found not credible due to material inconsistencies and the documentary record shows Mexico has adequate legislative and institutional means to protect victims of domestic violence; claimant did not take or allow time for available state remedies and did not meet the burden to show clear and convincing evidence of inability or unwillingness of the state to protect, therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
MA8-14750
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 March 2011
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Hearing and Decision (oral Hearing Feb 21, 2011; Decision Mar 17, 2011)
Outcome
Claims rejected; claimants are not Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.
Legal Topics
Gender Based Persecution, Domestic Violence, State Protection, Credibility Assessment, Vulnerable Persons, Child Claimants
Source Language
English
Immigration Refugee Law Family Law Human Rights Gender Based Persecution Domestic Violence State Protection Credibility Assessment +2 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Hearing and Decision (oral Hearing Feb 21, 2011; Decision Mar 17, 2011)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Whether the principal claimant's testimony is credible

Ratio Decidendi

The claims fail because the principal claimant's testimony was found not credible due to material inconsistencies and the documentary record shows Mexico has adequate legislative and institutional means to protect victims of domestic violence; claimant did not take or allow time for available state remedies and did not meet the burden to show clear and convincing evidence of inability or unwillingness of the state to protect, therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.