TA7-12891

TA7-12891

Claimants fear is of ordinary criminality lacking nexus to a Convention ground; evidence establishes that Mexican state institutions can provide adequate protection and viable internal flight alternatives exist, therefore on balance of probabilities they are neither Convention refugees nor persons in need of protection under s.97(1) IRPA.

Citation
TA7-12891
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 December 2008
Procedural Posture
Refugee Protection / Decision Refugee Protection Division
Outcome
Claims denied - claimants are not Convention refugees and are not persons in need of protection under s.97(1) IRPA
Legal Topics
State Protection, Internal Flight Alternative, Nexus to Convention Ground, Victim of Criminality, Country Conditions Mexico
Source Language
English
Immigration Refugee Law Administrative Law State Protection Internal Flight Alternative Nexus to Convention Ground Victim of Criminality Country Conditions Mexico

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether effective state protection is available in Mexico

Ratio Decidendi

Claimants fear is of ordinary criminality lacking nexus to a Convention ground; evidence establishes that Mexican state institutions can provide adequate protection and viable internal flight alternatives exist, therefore on balance of probabilities they are neither Convention refugees nor persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims denied - claimants are not Convention refugees and are not persons in need of protection under s.97(1) IRPA

Orders

  • The refugee protection claims are rejected.
  • Claimants are not found to be in need of protection and no protection order is issued.