MA8-04192
The claimant's testimony is not credible; even if credible, she failed to rebut the presumption of state protection in Mexico on the balance of probabilities and has a reasonable, accessible internal flight alternative, therefore she does not meet the definition of a Convention refugee nor of a person in need of protection.
- Citation
- MA8-04192
- Parties
- Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 13 December 2011
- Procedural Posture
- Refugee Protection Claim / Oral Hearing and Decision
- Outcome
- Refugee protection claim rejected
- Legal Topics
- Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Related Persecution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX XXXXX
Claimant
Minister
Respondent
Procedural Posture
Refugee Protection Claim / Oral Hearing and Decision
Legal Issues
- 1 Whether the claimant is credible
- 2 Whether state protection in Mexico is available and adequate
- 3 Whether an internal flight alternative exists
Ratio Decidendi
The claimant's testimony is not credible; even if credible, she failed to rebut the presumption of state protection in Mexico on the balance of probabilities and has a reasonable, accessible internal flight alternative, therefore she does not meet the definition of a Convention refugee nor of a person in need of protection.
Court Disposition
Refugee protection claim rejected
Orders
- Request for refugee protection denied
Full Case Text
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