VA9-02276

VA9-02276

On the balance of probabilities the evidence showed that the individuals feared had been investigated, charged and in some instances convicted, and the claimant failed to provide clear and convincing evidence to rebut the Ward presumption of available state protection; therefore she is not a Convention refugee under s.96 and not a person in need of protection under s.97.

Citation
VA9-02276
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 May 2012
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Refugee protection claim denied
Legal Topics
State Protection, Convention Refugee, Political Opinion, Persecution, Credibility Assessment
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights State Protection Convention Refugee Political Opinion Persecution Credibility Assessment

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Parties

XXXXXXXXXXXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

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

Ratio Decidendi

On the balance of probabilities the evidence showed that the individuals feared had been investigated, charged and in some instances convicted, and the claimant failed to provide clear and convincing evidence to rebut the Ward presumption of available state protection; therefore she is not a Convention refugee under s.96 and not a person in need of protection under s.97.

Court Disposition

Refugee protection claim denied