MA8-12537

MA8-12537

The claimants failed to seek or exhaust available remedies from Mexican authorities and did not provide clear and convincing evidence that Mexico was unable to protect them; documentary evidence showed mechanisms for protection and relocation within Mexico was reasonable, therefore they are not Convention refugees nor persons in need of protection.

Citation
MA8-12537
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
State Protection, Internal Flight Alternative, Persecution, Corruption, Political Opinion, Credibility
Source Language
English
Immigration Refugee Law Administrative Law State Protection Internal Flight Alternative Persecution Corruption Political Opinion +1 more

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Whether claimants sought and exhausted available state protection remedies in Mexico
  2. 2 Whether Mexico was incapable of protecting the claimants (complete breakdown of state protection)
  3. 3 Whether an internal flight alternative was available and reasonable

Ratio Decidendi

The claimants failed to seek or exhaust available remedies from Mexican authorities and did not provide clear and convincing evidence that Mexico was unable to protect them; documentary evidence showed mechanisms for protection and relocation within Mexico was reasonable, therefore they are not Convention refugees nor persons in need of protection.

Court Disposition

Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • The claimants' refugee protection claims are rejected.