TA4-02074

Claimants did not provide clear and convincing evidence to rebut the presumption that Mexico can protect its citizens today; limited, delayed and inconsistent reports to Mexican authorities, subsequent negotiated divorce/custody and permission to travel, and country documentation showing functioning democratic institutions establish adequate state protection; therefore claimants are not Convention refugees nor persons in need of protection.

Citation: TA4-02074
Parties: Claimant: XXXXX XXXXX XXXXX; Co Claimant and Designated Representative for Minor: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 18 May 2005
Procedural Posture: Refugee Protection Claim / Decision (refugee Protection Division)
Outcome: Claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics: Domestic Violence, State Protection, Burden of Proof, Gender Guidelines, Custody, Psychological Harm, Credibility
Source Language: English

Immigration Refugee Protection Human Rights Family Law Domestic Violence State Protection Burden of Proof Gender Guidelines +3 more

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Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Co Claimant and Designated Representative for Minor

XXXXX XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

1 Whether adequate state protection exists in Mexico for the claimants
2 Whether claimants rebutted the presumption that Mexico can protect its citizens
3 Whether claimants diligently sought state protection

Ratio Decidendi

Court Disposition

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