MA6-04642

MA6-04642

The panel found the claimants did not have an objectively well‑founded fear of persecution and, in any event, an internal flight alternative within Mexico was available given the country's size and population and the claimant's conduct (delay and relocation within country), therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
MA6-04642
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 August 2008
Procedural Posture
Refugee Protection / Hearing and Decision
Outcome
Claims for refugee protection rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Credibility, Delay in Leaving Country, Harassment, Political Movement, Children
Source Language
English

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection / Hearing and Decision

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether an internal flight alternative (IFA) is available
  3. 3 Whether the death threats were credible and constituted a well-founded fear

Ratio Decidendi

The panel found the claimants did not have an objectively well‑founded fear of persecution and, in any event, an internal flight alternative within Mexico was available given the country's size and population and the claimant's conduct (delay and relocation within country), therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims for refugee protection rejected; claimants are not Convention refugees nor persons in need of protection.