MA7-07187

MA7-07187

Claimant failed to rebut the presumption that Mexico could protect him because he did not seek available remedies nor provide clear and convincing evidence that state protection was unavailable; therefore there is no established nexus to a Convention ground and the refugee protection claims fail.

Citation
MA7-07187
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 June 2010
Procedural Posture
Refugee Protection (irpa) / RPD Hearing and Decision
Outcome
Claims for refugee protection rejected
Legal Topics
State Protection, Credibility, Convention Refugee, Risk of Torture, Drug Trafficking, Threats and Victim of Criminality, Particular Social Group
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Convention Refugee Risk of Torture Drug Trafficking +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse

Procedural Posture

Refugee Protection (irpa) / RPD Hearing and Decision

Legal Issues

  1. 1 Whether the claimant rebutted the presumption that the Mexican state could protect him
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether the claimant exhausted or reasonably attempted to exhaust state remedies

Ratio Decidendi

Claimant failed to rebut the presumption that Mexico could protect him because he did not seek available remedies nor provide clear and convincing evidence that state protection was unavailable; therefore there is no established nexus to a Convention ground and the refugee protection claims fail.

Court Disposition

Claims for refugee protection rejected

Orders

  • Claimants are not Convention refugees under section 96 IRPA and not persons in need of protection under paragraphs 97(1)(a) and (b); claims denied