TA6-15371

TA6-15371

The claimant's fear is speculative and the documentary record demonstrates that in Mexico City the state has made serious efforts and provides adequate (though not perfect) protection both against criminal/police abuse and discrimination toward gays; therefore the claimant failed to establish a serious possibility of persecution and the claim is rejected under sections 96 and 97 IRPA.

Citation
TA6-15371
Parties
Claimant: XXXXX XXXXX XXXXX; Adjudicator: Cliff Berry
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2007
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Refugee claim rejected
Legal Topics
State Protection, Sexual Orientation, Persecution, Particular Social Group, Corruption, Drug Trafficking
Source Language
English
Immigration Refugee Law Human Rights State Protection Sexual Orientation Persecution Particular Social Group Corruption +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Cliff Berry

Adjudicator

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant faces a well‑founded fear of harm from Federal Police or drug rings related to his family's past involvement in 1996
  2. 2 Whether the Mexican state provides adequate protection in Mexico City against criminal or police persecution
  3. 3 Whether claimant faces a risk of persecution in Mexico City because of his sexual orientation

Ratio Decidendi

The claimant's fear is speculative and the documentary record demonstrates that in Mexico City the state has made serious efforts and provides adequate (though not perfect) protection both against criminal/police abuse and discrimination toward gays; therefore the claimant failed to establish a serious possibility of persecution and the claim is rejected under sections 96 and 97 IRPA.

Court Disposition

Refugee claim rejected

Orders

  • Claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act; Decision dated June 7, 2007