VA9-02578

VA9-02578

The Panel rejected the claims because the claimants failed to rebut the presumption of state protection on a balance of probabilities with clear and convincing evidence: Mexico was found to be a functioning democracy undertaking police reforms and offering complaint mechanisms, the principal claimant made no reasonable efforts to seek state protection, and credibility concerns and delay in leaving undermined the asserted subjective fear.

Citation
VA9-02578
Parties
Principal Claimant: XXXX XXXXX XXXXXX XXXXXXX; Associated Claimant (spouse): XXXX XXXXX XXXXXX XXXXXXX; Minor Claimant (daughter): XXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 March 2011
Procedural Posture
Refugee Protection Claim / Hearing and Decision at Refugee Protection Division
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
State Protection, Extortion, Credibility, Burden of Proof, Convention Refugee Status, Delay in Leaving Country
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Extortion Credibility Burden of Proof +2 more

Case Brief

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Parties

XXXX XXXXX XXXXXX XXXXXXX

Principal Claimant

XXXX XXXXX XXXXXX XXXXXXX

Associated Claimant (spouse)

XXXX XXXXXX XXXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees or persons in need of protection
  2. 2 Whether claimants rebutted presumption of state protection
  3. 3 Whether claimants made reasonable efforts to seek state protection

Ratio Decidendi

The Panel rejected the claims because the claimants failed to rebut the presumption of state protection on a balance of probabilities with clear and convincing evidence: Mexico was found to be a functioning democracy undertaking police reforms and offering complaint mechanisms, the principal claimant made no reasonable efforts to seek state protection, and credibility concerns and delay in leaving undermined the asserted subjective fear.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claims rejected; refugee protection claim dismissed