TA9-04749

TA9-04749

On the balance of probabilities the claimant failed to rebut the presumption that Mexico could provide state protection with clear and convincing evidence, and significant credibility concerns about the claimant's testimony and documentary gaps undermined his claim; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TA9-04749
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 March 2010
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Persecution, Organized Crime, Credibility, Exhaustion of Domestic Remedies, Police Corruption
Source Language
English
Immigration Refugee Law Administrative Law Criminal Law Human Rights State Protection Persecution Organized Crime +3 more

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Parties

XXXXX 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 or person in need of protection
  2. 2 Whether effective state protection was available in Mexico
  3. 3 Credibility and reliability of the claimant's testimony and documentary evidence

Ratio Decidendi

On the balance of probabilities the claimant failed to rebut the presumption that Mexico could provide state protection with clear and convincing evidence, and significant credibility concerns about the claimant's testimony and documentary gaps undermined his claim; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim (RPD File No. TA9-04749)