MA6-06101

MA6-06101

The claims were dismissed because the claimants failed to prove on the balance of probabilities that they faced persecution or a personalized risk to life not caused by Mexico's inability to provide adequate health/medical (including specialized educational) services, and they did not establish state inability or refusal to protect nor the absence of a viable internal flight alternative; therefore protection under ss.96 or 97 IRPA is not warranted.

Citation
MA6-06101
Parties
Claimant (principal): XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 November 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (oral Reasons Rendered November 5, 2007; Written Reasons Signed December 12, 2007)
Outcome
Claims for refugee protection dismissed
Legal Topics
Refugee Protection, State Protection, Internal Flight Alternative, Education Discrimination, Medical/healthcare Access, Children's Rights, Credibility and Evidence
Source Language
English
Immigration and Refugee Law Human Rights Law Refugee Protection State Protection Internal Flight Alternative Education Discrimination Medical/healthcare Access Children's Rights +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant (principal)

XXXXX XXXXX XXXXX

Claimant (minor)

XXXXX XXXXX XXXXX XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (oral Reasons Rendered November 5, 2007; Written Reasons Signed December 12, 2007)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97 IRPA
  3. 3 Whether the Mexican state was unable or unwilling to provide protection

Ratio Decidendi

The claims were dismissed because the claimants failed to prove on the balance of probabilities that they faced persecution or a personalized risk to life not caused by Mexico's inability to provide adequate health/medical (including specialized educational) services, and they did not establish state inability or refusal to protect nor the absence of a viable internal flight alternative; therefore protection under ss.96 or 97 IRPA is not warranted.

Court Disposition

Claims for refugee protection dismissed

Orders

  • Refugee protection claims of XXXXX XXXXX XXXXX XXXXX XXXXX and her two minor children are dismissed (reasons signed December 12, 2007)