VB0-00767

VB0-00767

On the evidence the panel concluded there was insufficient credible proof that the alleged persecutor could harm the claimants beyond their town of origin and that Guadalajara constituted a viable and reasonable internal flight alternative on the balance of probabilities; accordingly the claimants did not meet the s.97(1) threshold for protection and the claims were dismissed.

Citation
VB0-00767
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXX; Associated Claimant: XXXXX XXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 August 2011
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claim dismissed; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Persecution, Torture, Convention Refugee, Extortion, Corruption, State Protection, Credibility
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Internal Flight Alternative Persecution Torture Convention Refugee +4 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXX XXXXXXXXXXXXX

Associated Claimant

XXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether the internal flight alternative (Guadalajara) is viable and reasonable

Ratio Decidendi

On the evidence the panel concluded there was insufficient credible proof that the alleged persecutor could harm the claimants beyond their town of origin and that Guadalajara constituted a viable and reasonable internal flight alternative on the balance of probabilities; accordingly the claimants did not meet the s.97(1) threshold for protection and the claims were dismissed.

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection.