TA7-09573

The claimants failed to rebut the presumption of effective state protection in Mexico with clear and convincing evidence and did not exhaust available remedies; documentary evidence and the claimants' own interactions with authorities show state protection was reasonably available, therefore there is no serious possibility of persecution on return and the claims are rejected.

Citation: TA7-09573
Parties: Principal Claimant: XXXXX XXXXX XXXXX; Second Claimant: XXXXX XXXXX XXXXX XXXXX; Third Claimant (mother): XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 24 July 2008
Procedural Posture: Refugee Protection Claim / Decision
Outcome: Claims for refugee protection rejected
Legal Topics: State Protection, Persecution by Family Members, Domestic Violence, Burden of Proof, Convention Refugee, Person in Need of Protection
Source Language: English

Immigration Law Refugee Law Administrative Law Human Rights State Protection Persecution by Family Members Domestic Violence Burden of Proof +2 more

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Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 10

Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Second Claimant

XXXXX XXXXX XXXXX XXXXX

Third Claimant (mother)

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

1 Whether claimants are Convention refugees
2 Whether claimants are persons in need of protection
3 Whether state protection is available and effective in Mexico

Ratio Decidendi

Court Disposition

Claims for refugee protection rejected

Orders

Refugee protection claims dismissed