TA4-09908

The RPD rejected the claims because the claimants' allegations lacked credibility due to material omissions from their PIFs and lack of corroboration, and even if credible the documentary record establishes that Mexico can and would provide reasonable state protection, so the presumption of state protection was not rebutted.

Citation: TA4-09908
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: S. Huynh
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 24 March 2005
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (rpd)
Outcome: claim rejected
Legal Topics: Credibility, State Protection, Kidnapping and Extortion, Production of Documentary Evidence, Personal Information Form Omissions, Medical Evidence, Burden of Proof
Source Language: English

Immigration Refugee Law Administrative Law Credibility State Protection Kidnapping and Extortion Production of Documentary Evidence Personal Information Form Omissions +2 more

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

S. Huynh

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (rpd)

Legal Issues

1 whether claimants are credible
2 whether state protection in Mexico was available and effective
3 whether claimants are Convention refugees under s.96 IRPA

Ratio Decidendi

Court Disposition

claim rejected

Orders

Refugee Protection Division denies refugee protection; claimants are not Convention refugees and are not persons in need of protection under ss.96 and 97 of the IRPA