MA6-07155

The claimants' evidence was found not credible and they failed to provide clear and convincing evidence that Mexican authorities are unable or unwilling to protect them; because they did not establish persecution connected to a Convention ground nor that state protection was unavailable, their claims under sections 96 and 97(1) IRPA fail and are rejected.

Citation: MA6-07155
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 16 November 2007
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing Before the Refugee Protection Division
Outcome: Claims rejected; claimants are not Convention refugees under section 96 IRPA nor persons in need of protection under section 97(1) IRPA.
Legal Topics: State Protection, Credibility, Gender Based Violence, Particular Social Group, Convention Refugee Status, Persecution, Victims of Organized Crime
Source Language: English

Immigration and Refugee Law Administrative Law Human Rights State Protection Credibility Gender Based Violence Particular Social Group Convention Refugee Status +2 more

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing Before the Refugee Protection Division

Legal Issues

1 Credibility of claimants' testimony and PIFs
2 Whether alleged harm constitutes persecution linked to a Convention ground
3 Whether state protection in Mexico is available and effective

Ratio Decidendi

Court Disposition

Claims rejected; claimants are not Convention refugees under section 96 IRPA nor persons in need of protection under section 97(1) IRPA.