TA7-14890

TA7-14890

The claimants' fear arises from common criminality lacking nexus to a Convention ground, and they failed to provide clear and convincing evidence that adequate state protection in Mexico was unavailable or that they diligently exhausted domestic remedies; therefore they are neither Convention refugees nor persons in need of protection under s.97 IRPA.

Citation
TA7-14890
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Female Claimant/spouse: XXXXX XXXXX XXXXX XXXXX; Minor Child: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 April 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision of the Refugee Protection Division (hearing Held; Reasons and Decision Issued)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Nexus to Convention Grounds, Common Criminality, Credibility and Burden of Proof, Exhaustion of Domestic Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Nexus to Convention Grounds Common Criminality Credibility and Burden of Proof Exhaustion of Domestic Remedies

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Female Claimant/spouse

XXXXX XXXXX XXXXX XXXXX

Minor Child

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision of the Refugee Protection Division (hearing Held; Reasons and Decision Issued)

Legal Issues

  1. 1 Whether the claimants' fear is linked to a Convention ground (nexus)
  2. 2 Whether adequate state protection was available in Mexico
  3. 3 Whether claimants made reasonable and diligent efforts to obtain state protection

Ratio Decidendi

The claimants' fear arises from common criminality lacking nexus to a Convention ground, and they failed to provide clear and convincing evidence that adequate state protection in Mexico was unavailable or that they diligently exhausted domestic remedies; therefore they are neither Convention refugees nor persons in need of protection under s.97 IRPA.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee Protection Division rejects the refugee protection claims of the principal claimant, the female claimant and their two minor children.