TA8-00318

TA8-00318

The claims fail because the claimants did not provide credible and trustworthy evidence linking the alleged criminal acts to a Convention ground or demonstrating that state protection was unavailable or unreasonable to seek; material delays, inconsistent statements, solicited supportive letters and failure to seek protection undermined their claims; therefore they are neither Convention refugees nor persons in need of protection.

Citation
TA8-00318
Parties
Claimant: XXXXX XXXXX XXXXX; Spouse / Co Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 August 2008
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision (reasons and Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, State Protection, Credibility Assessment, Kidnapping, Delay in Making a Claim
Source Language
English
Immigration and Refugee Law Administrative Law Criminal Law Refugee Protection Convention Refugee Person in Need of Protection State Protection Credibility Assessment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse / Co Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimants provided credible and trustworthy evidence
  2. 2 Whether the alleged criminality gives rise to a Convention ground
  3. 3 Whether effective state protection was available in Mexico

Ratio Decidendi

The claims fail because the claimants did not provide credible and trustworthy evidence linking the alleged criminal acts to a Convention ground or demonstrating that state protection was unavailable or unreasonable to seek; material delays, inconsistent statements, solicited supportive letters and failure to seek protection undermined their claims; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claims for refugee protection rejected by the Refugee Protection Division