MA8-09492

MA8-09492

The claimant's testimony contained material contradictions and omissions undermining credibility, and he failed to demonstrate on a balance of probabilities that state protection in Mexico was unavailable or inadequate; therefore his refugee protection claim is rejected.

Citation
MA8-09492
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 March 2010
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Credibility, Victim of Criminality, Threats and Extortion, Abduction, Production of Documents, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Victim of Criminality Threats and Extortion Abduction +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Availability and adequacy of state protection
  3. 3 Whether claimant exhausted domestic remedies and met burden of proof

Ratio Decidendi

The claimant's testimony contained material contradictions and omissions undermining credibility, and he failed to demonstrate on a balance of probabilities that state protection in Mexico was unavailable or inadequate; therefore his refugee protection claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim denied