TA5-05821

The claimant's evidence lacked credibility and corroboration, he delayed filing his claim, and he failed to rebut the presumption of available state protection in Mexico with clear and convincing evidence or to exhaust reasonable local remedies; therefore he is neither a Convention refugee nor a person in need of protection under s.97(1)(a) or s.97(1)(b) IRPA.

Citation: TA5-05821
Parties: Claimant: XXXX XXXX XXXXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 12 January 2006
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Final Decision by Refugee Protection Division
Outcome: Claim rejected
Legal Topics: State Protection, Convention Refugee, Risk of Torture, Credibility Assessment, Adjournment and Disclosure, Delay in Filing Claim, Exhaustion of Local Remedies
Source Language: English

Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Convention Refugee Risk of Torture Credibility Assessment +3 more

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Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Final Decision by Refugee Protection Division

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant faces a personal risk to life or risk of cruel and unusual treatment or torture
3 Whether state protection in Mexico was available and effective for this claimant

Ratio Decidendi

Court Disposition

Claim rejected

Orders

Claim for refugee protection by XXXX XXXX XXXXXXX is rejected
No finding that claimant is a Convention refugee or a person in need of protection pursuant to s.97(1)(a) or s.97(1)(b) of the Immigration and Refugee Protection Act