MA4-04577

MA4-04577

The panel found the claimants' testimony not credible due to inconsistencies, omissions and lack of diligence and determined they failed to rebut the presumption that Mexico could provide adequate state protection; therefore the claims for Convention refugee status and protection were rejected.

Citation
MA4-04577
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX XXXXX; Sister/claimant: XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX XXXXX; Brother in Law/claimant: Mr. XXXXX XXXXX XXXXX; Refugee Protection Officer: Cristian Jadue; Panel Member/decision‑maker: Hélène Panagakos; Claimant's Counsel: Me Noël Saint-Pierre; Designated Representative: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 October 2005
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / RPD Decision Following Hearing
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
Credibility, State Protection, Burden of Proof, Corruption, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility State Protection Burden of Proof Corruption Convention Refugee +1 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant (son)

XXXXX XXXXX XXXXX

Sister/claimant

XXXXX XXXXX XXXXX

Minor Claimant (daughter)

Mr. XXXXX XXXXX XXXXX

Brother in Law/claimant

Cristian Jadue

Refugee Protection Officer

Hélène Panagakos

Panel Member/decision‑maker

Me Noël Saint-Pierre

Claimant's Counsel

XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / RPD Decision Following Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether claimants rebutted presumption of state protection

Ratio Decidendi

The panel found the claimants' testimony not credible due to inconsistencies, omissions and lack of diligence and determined they failed to rebut the presumption that Mexico could provide adequate state protection; therefore the claims for Convention refugee status and protection were rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of protection