TA6-10361

The claimants failed to rebut the presumption of adequate state protection in Mexico on a balance of probabilities and with clear and convincing evidence; documentary and country evidence show Mexico has legal frameworks, policing and support services such that the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97 of the IRPA.

Citation: TA6-10361
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 15 October 2009
Procedural Posture: Refugee Protection (irpa Ss.96 and 97) / Decision Following Hearing
Outcome: Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics: Gender Based Violence, State Protection, Domestic Violence, Convention Refugee Determination, Persons in Need of Protection
Source Language: English

Immigration Law Refugee Law Human Rights Gender Based Violence State Protection Domestic Violence Convention Refugee Determination Persons in Need of Protection

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 8

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 and 97) / Decision Following Hearing

Legal Issues

1 Whether the claimants rebutted the presumption of state protection for purposes of ss.96 and 97 of IRPA
2 Whether the claim involves gender-related persecution warranting protection
3 Whether minors face a real risk on return to Mexico

Ratio Decidendi

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

The refugee protection claims are rejected