MA7-07253

MA7-07253

The panel found the claimants not credible due to material contradictions about the principal claimant's job duties and position, implausible explanations about how agents of harm located the family, unexplained and significant delay in leaving Mexico, and inadequate corroboration; on that basis the panel determined the claimants were not Convention refugees nor persons in need of protection.

Citation
MA7-07253
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Jean Cantin; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2010
Procedural Posture
Refugee Protection / Decision by Refugee Protection Division
Outcome
Refugee protection claims rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Credibility Findings, Well Founded Fear, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Credibility Findings Well Founded Fear State Protection +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX

Child

XXXXX XXXXX XXXXX XXXXX XXXXX

Child

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Me Jean Cantin

Claimant's Counsel

N/A

Minister's Counsel

Procedural Posture

Refugee Protection / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether the claimants' evidence is credible in light of contradictions and delays
  3. 3 Whether the alleged harm arises from a Convention ground or if state protection/relocation is available

Ratio Decidendi

The panel found the claimants not credible due to material contradictions about the principal claimant's job duties and position, implausible explanations about how agents of harm located the family, unexplained and significant delay in leaving Mexico, and inadequate corroboration; on that basis the panel determined the claimants were not Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees nor persons in need of protection.