MA8-14458

MA8-14458

On the evidence and testimony the claimants failed to establish nexus to a Convention ground or that a state agent caused torture, failed to produce corroborating documents undermining credibility, and did not prove that proposed internal flight alternatives (Mexico City, Puebla, Guadalajara) were objectively unreasonable; therefore they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1)(b).

Citation
MA8-14458
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXX XXXXXX XXXXXX XXXXXX; Child: XXXX XXXXXX XXXXX XXXXXX; Child: XXXX XXXXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 October 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Final Hearing and Decision
Outcome
Refugee claims rejected
Legal Topics
Internal Flight Alternative, Persecution, Credibility, Production of Documents, Nexus, Torture, State Protection
Source Language
English
Immigration Refugee Law Internal Flight Alternative Persecution Credibility Production of Documents Nexus Torture +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXX XXXXXX XXXXXX XXXXXX

Spouse

XXXX XXXXXX XXXXX XXXXXX

Child

XXXX XXXXXX XXXXXX XXXXXX

Child

Procedural Posture

Refugee Protection Claim Under IRPA / Final Hearing and Decision

Legal Issues

  1. 1 nexus to Convention grounds
  2. 2 state agent requirement for torture finding
  3. 3 credibility and failure to produce corroborating documents

Ratio Decidendi

On the evidence and testimony the claimants failed to establish nexus to a Convention ground or that a state agent caused torture, failed to produce corroborating documents undermining credibility, and did not prove that proposed internal flight alternatives (Mexico City, Puebla, Guadalajara) were objectively unreasonable; therefore they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1)(b).

Court Disposition

Refugee claims rejected

Orders

  • Claims for refugee protection are rejected
  • Claimants are not Convention refugees under section 96 of the IRPA