VA9-00631

VA9-00631

On the balance of probabilities the panel found no objective basis for the claimant's fear from his family, and determined the perpetrators (rogue Federal police and former employer) lacked sufficient motivation and practical reason to track and re‑extort or harm the claimant in the proposed IFA (Mexico City). Given the lack of nexus to a systemic failure of state protection and that seeking refuge in Mexico City would be reasonable, the claimant is neither a Convention refugee nor a person in need of protection.

Citation
VA9-00631
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 October 2010
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Refugee Protection, Internal Flight Alternative, State Protection, Sexual Orientation, Sexual Abuse, Employment Corruption, Persecution, Credibility
Source Language
English
Immigration and Refugee Law Human Rights Administrative Law Refugee Protection Internal Flight Alternative State Protection Sexual Orientation Sexual Abuse +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / 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 under IRPA
  3. 3 Whether there is nexus between the harm feared and a Convention ground (sexual orientation)

Ratio Decidendi

On the balance of probabilities the panel found no objective basis for the claimant's fear from his family, and determined the perpetrators (rogue Federal police and former employer) lacked sufficient motivation and practical reason to track and re‑extort or harm the claimant in the proposed IFA (Mexico City). Given the lack of nexus to a systemic failure of state protection and that seeking refuge in Mexico City would be reasonable, the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Claimant's refugee claim is dismissed
  • No finding that removal to Mexico would expose the claimant to a danger of torture or to risk to life or to cruel and unusual treatment or punishment