MB0-03885

MB0-03885

The claims are denied because the principal claimant's testimony is not credible and, alternatively, even if credible the claimants failed to exhaust available state protection in Mexico (a democratic state undergoing reform), and the evidence shows only generalized risks (including gang violence and diaspora targeting) rather than a personalized risk of persecution; the daughter's gender-based fear was not established on the evidence as more than a mere possibility and state protection would be available.

Citation
MB0-03885
Parties
Claimant: XXXX XXXX XXXXX; Claimant: XXXX XXXXX XXXXX XXXX; Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 June 2011
Procedural Posture
Refugee Protection / Asylum (rpd) / Decision Following Hearing
Outcome
Asylum/refugee protection claims denied
Legal Topics
Particular Social Group, State Protection, Credibility, Gender Based Persecution, Country Conditions, Diaspora Returnees, Generalized Risk, Exhaustion of Domestic Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Particular Social Group State Protection Credibility Gender Based Persecution +4 more

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Parties

XXXX XXXX XXXXX

Claimant

XXXX XXXXX XXXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection / Asylum (rpd) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants constitute members of a particular social group under s.96 IRPA
  2. 2 Credibility of the principal claimant and effect on dependent claims
  3. 3 Whether claimants would face persecution or cruel or unusual treatment on return (s.97 IRPA)

Ratio Decidendi

The claims are denied because the principal claimant's testimony is not credible and, alternatively, even if credible the claimants failed to exhaust available state protection in Mexico (a democratic state undergoing reform), and the evidence shows only generalized risks (including gang violence and diaspora targeting) rather than a personalized risk of persecution; the daughter's gender-based fear was not established on the evidence as more than a mere possibility and state protection would be available.

Court Disposition

Asylum/refugee protection claims denied

Orders

  • Claims for asylum and protection under sections 96 and 97 of the IRPA are dismissed