TA6-04808

TA6-04808

The claimants failed to rebut the presumption that Mexico can protect its citizens; their fear stems from criminality unrelated to a Convention ground and they did not establish, on a balance of probabilities and by clear and convincing evidence, that Mexico was unable or unwilling to provide protection; therefore the claims are rejected.

Citation
TA6-04808
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX XXXXX; Counsel for the Claimant(s): Neil Cohen; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 October 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division (final Determination)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under s.97(1) of IRPA
Legal Topics
State Protection, Convention Refugee, Person in Need of Protection (s.97), Persecution, Criminality Vs. Political Motivation, Credibility and Evidence, Corruption
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Convention Refugee Person in Need of Protection (s.97) Persecution +3 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX

Child

XXXXX XXXXX XXXXX

Designated Representative

Neil Cohen

Counsel for the Claimant(s)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether the claimants rebutted the presumption that Mexico can protect its citizens
  2. 2 Whether the claimants are Convention refugees
  3. 3 Whether the claimants are persons in need of protection under s.97(1) of IRPA

Ratio Decidendi

The claimants failed to rebut the presumption that Mexico can protect its citizens; their fear stems from criminality unrelated to a Convention ground and they did not establish, on a balance of probabilities and by clear and convincing evidence, that Mexico was unable or unwilling to provide protection; therefore the claims are rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under s.97(1) of IRPA

Orders

  • The Refugee Protection Division rejects the claims of XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX; negative determination dated October 25, 2007