MA7-01380

MA7-01380

The claimants failed to provide credible and plausible evidence of persecution or a personal risk to life or torture on return, failed to identify or substantiate the alleged persecutor's influence, did not attempt available state remedies or demonstrate that state protection was unavailable, and did not show that internal relocation was impossible; therefore they do not satisfy ss.96 or 97 of the IRPA and their claims are dismissed.

Citation
MA7-01380
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Co Claimant / Mother: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 October 2007
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Final Decision (refusal)
Outcome
Refugee claims dismissed; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Particular Social Group, Gender Related Persecution, Sexual Abuse, Credibility, State Protection, Internal Flight Alternative, Female, Mother, Mexico
Source Language
English
Immigration Refugee Law Particular Social Group Gender Related Persecution Sexual Abuse Credibility State Protection Internal Flight Alternative +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Co Claimant / Mother

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Final Decision (refusal)

Legal Issues

  1. 1 Whether claimants are Convention refugees based on membership in a particular social group and gender-related persecution
  2. 2 Whether claimants face a risk to life or cruel and unusual treatment or torture on return
  3. 3 Credibility of claimants' evidence

Ratio Decidendi

The claimants failed to provide credible and plausible evidence of persecution or a personal risk to life or torture on return, failed to identify or substantiate the alleged persecutor's influence, did not attempt available state remedies or demonstrate that state protection was unavailable, and did not show that internal relocation was impossible; therefore they do not satisfy ss.96 or 97 of the IRPA and their claims are dismissed.

Court Disposition

Refugee claims dismissed; claimants are not Convention refugees and not persons in need of protection

Orders

  • Refugee claims of MA7-01380 and MA7-01381 dismissed