TA7-14471

TA7-14471

The Board found, on the balance of probabilities and based on objective country evidence of legal protections and available services in Mexico City and Guadalajara and lack of persuasive evidence that the persecutor could trace the claimants there, that a viable internal flight alternative existed; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA7-14471
Parties
Claimant (principal): XXXXX; Claimant (daughter): XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 June 2008
Procedural Posture
Refugee Protection / Decision (merits Determination)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Vulnerability, Domestic Violence, Kidnapping, State Protection
Source Language
English
Immigration Law Refugee Law Gender Based Violence Criminal Law Internal Flight Alternative Vulnerability Domestic Violence Kidnapping +1 more

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Parties

XXXXX

Claimant (principal)

XXXXX

Claimant (daughter)

Procedural Posture

Refugee Protection / Decision (merits Determination)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether there is a viable internal flight alternative (Mexico City or Guadalajara)
  3. 3 Whether state protection is reasonably obtainable

Ratio Decidendi

The Board found, on the balance of probabilities and based on objective country evidence of legal protections and available services in Mexico City and Guadalajara and lack of persuasive evidence that the persecutor could trace the claimants there, that a viable internal flight alternative existed; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claims for refugee protection.