VA8-02997

VA8-02997

The claimant was found credible but the panel determined on the balance of probabilities that she could reasonably relocate to Veracruz or Guadalajara where statutory protections and victim services exist and would provide state protection from her abuser; therefore there is no serious possibility of persecution and she is neither a Convention refugee nor a person in need of protection.

Citation
VA8-02997
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 June 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (refugee Protection Division)
Outcome
Claimant's refugee protection claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Internal Flight Alternative, Credibility Assessment, Non Refoulement, Police Corruption
Source Language
English
Immigration and Refugee Law Domestic Violence Gender Based Persecution Internal Flight Alternative State Protection Convention Refugee Status Person in Need of Protection Credibility Assessment +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether an internal flight alternative (IFA) to Veracruz or Guadalajara is available and reasonable

Ratio Decidendi

The claimant was found credible but the panel determined on the balance of probabilities that she could reasonably relocate to Veracruz or Guadalajara where statutory protections and victim services exist and would provide state protection from her abuser; therefore there is no serious possibility of persecution and she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claimant's refugee protection claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.

Orders

  • Claim for refugee protection rejected.