TA4-16824

TA4-16824

The claimant failed to rebut the presumption of available and effective state protection in Mexico by clear and convincing evidence; therefore he is not a Convention refugee and not a person in need of protection under s.97 of IRPA.

Citation
TA4-16824
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2005
Procedural Posture
Refugee Protection Claim (irpa S.170(b)) / Hearing and Decision
Outcome
Claim rejected: claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Sexual Orientation, State Protection Presumption, Convention Against Torture, Risk to Life and Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation State Protection Presumption Convention Against Torture Risk to Life and Cruel and Unusual Treatment

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa S.170(b)) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution based on sexual orientation
  2. 2 Whether the presumption of state protection for Mexico has been rebutted
  3. 3 Whether claimant is a person in need of protection under s.97(1)(a) or s.97(1)(b) of IRPA

Ratio Decidendi

The claimant failed to rebut the presumption of available and effective state protection in Mexico by clear and convincing evidence; therefore he is not a Convention refugee and not a person in need of protection under s.97 of IRPA.

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection

Orders

  • Decision dated October 26, 2005 rejecting the refugee protection claim