TA7-01361

TA7-01361

On the evidence and on the balance of probabilities the claimant's fear stems from being a victim of crime/corruption without linkage to a Convention ground; the claimant failed to prove pervasive police corruption or the reach of the persecutors to make Guadalajara unsafe; a viable internal flight alternative exists in Guadalajara and it is reasonable for the claimant to relocate there; therefore the claimant is neither a Convention refugee nor a person in need of protection under s.97 IRPA.

Citation
TA7-01361
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 April 2008
Procedural Posture
Refugee Protection Claim / Determination/decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Nexus, Persecution, Victims of Crime, Corruption, Burden of Proof
Source Language
English
Refugee Law Immigration Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Nexus Persecution +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Determination/decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether claimant's fear is linked to a Convention ground (nexus)

Ratio Decidendi

On the evidence and on the balance of probabilities the claimant's fear stems from being a victim of crime/corruption without linkage to a Convention ground; the claimant failed to prove pervasive police corruption or the reach of the persecutors to make Guadalajara unsafe; a viable internal flight alternative exists in Guadalajara and it is reasonable for the claimant to relocate there; therefore the claimant is neither a Convention refugee nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.