TA7-10789

TA7-10789

The claimant failed to establish nexus to a Convention ground and did not rebut the presumption of effective state protection in Mexico by clear and convincing evidence; therefore she is neither a Convention refugee nor a person in need of protection under sections 96–97 IRPA.

Citation
TA7-10789
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2008
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, State Protection, Nexus, Convention Against Torture, Gender Related Persecution, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee State Protection Nexus Convention Against Torture Gender Related Persecution +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether there is nexus between the alleged harm and a Convention ground
  3. 3 Whether state protection in Mexico is available and effective

Ratio Decidendi

The claimant failed to establish nexus to a Convention ground and did not rebut the presumption of effective state protection in Mexico by clear and convincing evidence; therefore she is neither a Convention refugee nor a person in need of protection under sections 96–97 IRPA.

Court Disposition

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