MA8-09888

MA8-09888

The claim is rejected because the panel found the claimant not credible due to contradictions and lack of corroborating evidence for alleged written complaints and cohabitation, and on the balance of probabilities the claimant failed to rebut the presumption that Mexican state protection was available and adequate.

Citation
MA8-09888
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Witness/observer (common Law Spouse): XXXXX XXXXX XXXXX XXXXX; Adjudicator: Me Michel Byczak
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 April 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected; not a Convention refugee or person in need of protection
Legal Topics
State Protection, Credibility, Convention Refugee Determination, Women Refugee Guidelines, Rape, Personal Information Form Contradictions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Gender Based Violence State Protection Credibility Convention Refugee Determination +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Witness/observer (common Law Spouse)

Me Michel Byczak

Adjudicator

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Credibility of the claimant and contradictions in the Personal Information Form
  3. 3 Whether Mexican state protection was available and effective

Ratio Decidendi

The claim is rejected because the panel found the claimant not credible due to contradictions and lack of corroborating evidence for alleged written complaints and cohabitation, and on the balance of probabilities the claimant failed to rebut the presumption that Mexican state protection was available and adequate.

Court Disposition

Claim rejected; not a Convention refugee or person in need of protection

Orders

  • Refugee protection claim dismissed