MA8-09216

MA8-09216

The claimants' testimony was found not credible due to inconsistencies, implausibilities and omissions; they failed to discharge the burden of proof and did not exclude a reasonable internal flight alternative within Mexico; therefore they are not Convention refugees nor persons in need of protection and the claim is rejected.

Citation
MA8-09216
Parties
Claimant: XXX XXXXX XXXXX; Claimant: XXXX XXXX XXXXX XXXX; Claimant (minor): XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 March 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision Following Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility Assessment, Political Opinion, Persecution, State Protection
Source Language
English
Immigration Refugee Law Convention Refugee Internal Flight Alternative Credibility Assessment Political Opinion Persecution State Protection

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Parties

XXX XXXXX XXXXX

Claimant

XXXX XXXX XXXXX XXXX

Claimant

XXXXX XXXXX XXXXX

Claimant (minor)

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether the claimants discharged the burden of proof and were credible
  3. 3 Whether an internal flight alternative (IFA) exists within Mexico

Ratio Decidendi

The claimants' testimony was found not credible due to inconsistencies, implausibilities and omissions; they failed to discharge the burden of proof and did not exclude a reasonable internal flight alternative within Mexico; therefore they are not Convention refugees nor persons in need of protection and the claim is rejected.

Court Disposition

Refugee protection claim rejected