MA5-00314

MA5-00314

Claimant failed to discharge the burden to prove that Mexican authorities were unable or unwilling to protect him; he did not seek state protection, key documentary evidence was not credible, and therefore he did not establish refugee status or need for protection.

Citation
MA5-00314
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Alain Joffe; Refugee Protection Officer: Michel Colin; Designated Representative: XXXXX XXXXX - XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2005
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision (refugee Protection Division)
Outcome
Claim for refugee protection rejected; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Particular Social Group, State Protection, Persecution, Credibility, Minor Claimant, Threats and Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Particular Social Group State Protection Persecution Credibility Minor Claimant +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Me Alain Joffe

Claimant's Counsel

Michel Colin

Refugee Protection Officer

XXXXX XXXXX - XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Whether state protection in Mexico was available or obtained

Ratio Decidendi

Claimant failed to discharge the burden to prove that Mexican authorities were unable or unwilling to protect him; he did not seek state protection, key documentary evidence was not credible, and therefore he did not establish refugee status or need for protection.

Court Disposition

Claim for refugee protection rejected; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Claim for refugee protection rejected; claimant is not a Convention refugee or a person in need of protection.