MA7-04434

The claimants' testimony was found not credible on material points and, alternatively, the panel concluded on the balance of probabilities that a reasonable internal flight alternative existed in Mexico; accordingly the claimants failed to prove by clear and convincing evidence that they were Convention refugees or persons in need of protection.

Citation: MA7-04434
Parties: Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 15 August 2008
Procedural Posture: Refugee Protection (irpa Ss.96 and 97(1)(b)) / Decision After Hearing on August 5, 2008
Outcome: Claim rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics: Credibility Assessment, Internal Flight Alternative, Gender‑based Persecution, Rape, Protection of Minors
Source Language: English

Immigration Refugee Law Gender‑based Violence Credibility Assessment Internal Flight Alternative Gender‑based Persecution Rape Protection of Minors

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection (irpa Ss.96 and 97(1)(b)) / Decision After Hearing on August 5, 2008

Legal Issues

1 Whether the claimants are Convention refugees or persons in need of protection
2 Credibility of the principal claimant's testimony
3 Whether an internal flight alternative within Mexico was reasonable and accessible

Ratio Decidendi

Court Disposition

Claim rejected; claimants are not Convention refugees or persons in need of protection