TA5-15028

TA5-15028

Claim dismissed because the claimant's allegations lacked credibility and corroboration, he failed to use or seek available state protection, and he did not rebut the presumption that Mexico can protect him; therefore he is not a Convention refugee and not in need of protection under ss.96‑97 IRPA.

Citation
TA5-15028
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 September 2006
Procedural Posture
Refugee Protection / Hearing and Decision (first Instance)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Convention Refugee, State Protection, Credibility Findings, Torture, Persecution, Police Corruption
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee State Protection Credibility Findings Torture Persecution +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA (risk to life, cruel and unusual treatment, torture)
  3. 3 Availability and adequacy of state protection in Mexico

Ratio Decidendi

Claim dismissed because the claimant's allegations lacked credibility and corroboration, he failed to use or seek available state protection, and he did not rebut the presumption that Mexico can protect him; therefore he is not a Convention refugee and not in need of protection under ss.96‑97 IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection

Orders

  • Claim rejected
  • Claimant is not a Convention refugee under s.96 IRPA