TA8-06206

TA8-06206

The claimant failed to rebut the presumption of state protection with clear and convincing evidence and did not take reasonable steps to seek protection in Mexico; material credibility and corroboration concerns justified drawing a negative inference; therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1) IRPA.

Citation
TA8-06206
Parties
Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 December 2009
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision (merits)
Outcome
Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Gender Based Persecution, Sexual Assault, Corroboration and Credibility, Exhaustion of Local Remedies, Convention Refugee Status, Country Conditions (mexico)
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Criminal Law State Protection Gender Based Persecution Sexual Assault Corroboration and Credibility +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Adequacy of state protection in Mexico

Ratio Decidendi

The claimant failed to rebut the presumption of state protection with clear and convincing evidence and did not take reasonable steps to seek protection in Mexico; material credibility and corroboration concerns justified drawing a negative inference; therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1) IRPA.

Court Disposition

Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee claim of principal claimant rejected
  • Refugee claim of minor claimant (dependent on principal) rejected