VA8-03019

VA8-03019

The claimant failed to rebut the presumption of available state protection with clear and convincing evidence; his acquittal on appeal demonstrates functioning judicial remedies, he did not pursue available complaint or protection mechanisms after the incidents, and his fear of resumed charges or torture is speculative, therefore his claims under sections 96 and 97 fail.

Citation
VA8-03019
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 July 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons and Decision)
Outcome
Claim rejected
Legal Topics
State Protection, Sexual Orientation, Convention Refugee, Risk of Torture, Credibility, Police Abuse, Country Documentation
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Sexual Orientation Convention Refugee Risk of Torture +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the Act
  2. 2 Whether claimant is a person in need of protection under section 97 of the Act
  3. 3 Whether effective state protection was available in Mexico

Ratio Decidendi

The claimant failed to rebut the presumption of available state protection with clear and convincing evidence; his acquittal on appeal demonstrates functioning judicial remedies, he did not pursue available complaint or protection mechanisms after the incidents, and his fear of resumed charges or torture is speculative, therefore his claims under sections 96 and 97 fail.

Court Disposition

Claim rejected