MA6-08961

MA6-08961

Although the claimants were found credible, the panel concluded on the balance of probabilities that the incidents were criminal extortion targeting merchants rather than political persecution tied to the PRD or evidence of police collusion; the risk was localized, third family members in other cities were not targeted, and given Mexico's federal structure and available evidence an internal flight alternative exists, therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
MA6-08961
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2008
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Refugee protection claim rejected
Legal Topics
Internal Flight Alternative, Political Opinion, Persecution of Family Members, Extortion and Organized Crime, Credibility Findings
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Political Opinion Persecution of Family Members Extortion and Organized Crime Credibility Findings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants face persecution for political opinion or as family members
  2. 2 Whether the threats and extortion are linked to the Party of the Democratic Revolution (PRD) or are criminal acts
  3. 3 Whether adequate state protection exists or police collusion is established

Ratio Decidendi

Although the claimants were found credible, the panel concluded on the balance of probabilities that the incidents were criminal extortion targeting merchants rather than political persecution tied to the PRD or evidence of police collusion; the risk was localized, third family members in other cities were not targeted, and given Mexico's federal structure and available evidence an internal flight alternative exists, therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claim rejected

Orders

  • The panel determines that the claimants are not Convention refugees.
  • The panel determines that the claimants are not persons in need of protection.