MA2-10010

MA2-10010

Because the claimant did not seek protection from Mexican authorities and did not provide clear and convincing evidence that Mexico's state apparatus had broken down or could not provide protection, the presumption of state protection was not rebutted; accordingly there was no serious possibility of persecution or risk amounting to a need for protection and the claim was rejected.

Citation
MA2-10010
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister; Administrative Party: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 November 2003
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division After Hearing
Outcome
Claim rejected
Legal Topics
State Protection, Convention Refugee, Person in Need of Protection, Burden of Proof, Country Conditions Mexico
Source Language
English
Immigration Refugee Law Administrative Law State Protection Convention Refugee Person in Need of Protection Burden of Proof Country Conditions Mexico

Case Brief

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Parties

XXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Refugee Protection Officer

Administrative Party

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether the claimant rebutted the presumption that the state of Mexico can protect its citizens

Ratio Decidendi

Because the claimant did not seek protection from Mexican authorities and did not provide clear and convincing evidence that Mexico's state apparatus had broken down or could not provide protection, the presumption of state protection was not rebutted; accordingly there was no serious possibility of persecution or risk amounting to a need for protection and the claim was rejected.

Court Disposition

Claim rejected

Orders

  • Claim for refugee protection rejected
  • Claimant found to be neither a Convention refugee nor a person in need of protection