TA7-04670

TA7-04670

The claimant was found credible and provided clear and convincing evidence that state protection in Mexico was ineffective for persons in his position (journalists targeted by organized actors), he could not reasonably avoid harm by internal relocation without abandoning his vocation, therefore the presumption of state protection was rebutted and he is a Convention refugee.

Citation
TA7-04670
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Second Claimant (common Law Spouse): XXXXX XXXXX XXXXX; Third Claimant (minor Child): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 March 2008
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing and Decision (determination Issued)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
State Protection, Convention Refugee, Persecution, Internal Flight Alternative, Credibility
Source Language
English
Immigration Refugee Law Administrative Law State Protection Convention Refugee Persecution Internal Flight Alternative Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 1 Amounts and remedies 4
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Second Claimant (common Law Spouse)

XXXXX XXXXX XXXXX XXXXX

Third Claimant (minor Child)

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing and Decision (determination Issued)

Legal Issues

  1. 1 Whether the principal claimant is a member of a Convention ground (social group)
  2. 2 Whether the principal claimant's testimony is credible
  3. 3 Whether state protection in Mexico exists or is available

Ratio Decidendi

The claimant was found credible and provided clear and convincing evidence that state protection in Mexico was ineffective for persons in his position (journalists targeted by organized actors), he could not reasonably avoid harm by internal relocation without abandoning his vocation, therefore the presumption of state protection was rebutted and he is a Convention refugee.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Refugee Protection Division accepts the claims for refugee protection
  • Principal claimant and dependent claimants granted Convention refugee status pursuant to IRPA ss.96 and 97(1)