TA5-05911

TA5-05911

Because credible documentary evidence established that Mexico is a functioning democracy taking serious measures to protect sexual minorities and to provide HIV treatment, and because the claimant made no effort to seek available state protection, he failed to rebut the presumption of state protection with clear and convincing evidence; therefore he is neither a Convention refugee nor a person in need of protection under ss.96 and 97 IRPA.

Citation
TA5-05911
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (final Decision)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act; removal to Mexico permitted.
Legal Topics
Social Group Sexual Orientation, State Protection, Hiv/aids and Access to Healthcare, Burden of Proof and Presumption of Protection, Exhaustion of Domestic Remedies, Documentary Evidence and Country Condition Reports
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Social Group Sexual Orientation State Protection Hiv/aids and Access to Healthcare Burden of Proof and Presumption of Protection +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether state protection is available in Mexico to the claimant
  2. 2 Whether the claimant rebutted the presumption of state protection applicable to a democratic state
  3. 3 Whether the claimant's HIV-positive condition establishes a person in need of protection under s.97(1)(iv) of IRPA

Ratio Decidendi

Because credible documentary evidence established that Mexico is a functioning democracy taking serious measures to protect sexual minorities and to provide HIV treatment, and because the claimant made no effort to seek available state protection, he failed to rebut the presumption of state protection with clear and convincing evidence; therefore he is neither a Convention refugee nor a person in need of protection under ss.96 and 97 IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act; removal to Mexico permitted.

Orders

  • Refugee claim rejected.
  • No protection found under ss.96 or 97 IRPA; removal to Mexico may proceed.