MA7-05710

MA7-05710

Although the claimants' factual account was found credible overall, they failed to establish on a balance of probabilities that state protection in Mexico would be inadequate given the documentary evidence of Mexican institutions, available remedies and the claimants' failure to pursue further or internal complaints; therefore they are neither Convention refugees nor persons in need of protection.

Citation
MA7-05710
Parties
Claimant: XXXX XXXXX XXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2010
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing (de Novo) — Final Decision Rendered
Outcome
Refugee protection claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
State Protection, Convention Refugee Status, Risk of Persecution, Credibility Findings, Exhaustion of Domestic Remedies
Source Language
English
Immigration Refugee Law Human Rights Administrative Law State Protection Convention Refugee Status Risk of Persecution Credibility Findings +1 more

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Parties

XXXX XXXXX XXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing (de Novo) — Final Decision Rendered

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether state protection in Mexico would be inadequate in the claimants' case
  3. 3 Whether the claimants' fear is credible and linked to a Convention ground

Ratio Decidendi

Although the claimants' factual account was found credible overall, they failed to establish on a balance of probabilities that state protection in Mexico would be inadequate given the documentary evidence of Mexican institutions, available remedies and the claimants' failure to pursue further or internal complaints; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • Refugee protection claims of XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and their minor son XXXX XXXX XXXX XXXX are rejected.