MA9-06323

Claim dismissed because claimant failed to provide credible, corroborated evidence of an inability to obtain state protection and failed to show that internal relocation within Mexico would be unreasonable; therefore she is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) IRPA.

Citation: MA9-06323
Parties: Claimant: XX XX XXX XXXX XXXXX XXXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 6 July 2011
Procedural Posture: Refugee Protection / Final Decision Following Hearing
Outcome: Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics: Convention Refugee, Person in Need of Protection, Internal Flight Alternative, State Protection, Credibility Assessment, Gender Based Persecution, Chairperson's Guidelines on Female Refugee Claimants
Source Language: English

Immigration Refugee Law Human Rights Family Law Criminal Law (domestic Violence) Convention Refugee Person in Need of Protection Internal Flight Alternative +4 more

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

XX XX XXX XXXX XXXXX XXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Final Decision Following Hearing

Legal Issues

1 Whether claimant is a Convention refugee based on membership of a particular social group (female domestic violence survivor)
2 Whether claimant faces a risk to life or risk of torture/cruel and unusual treatment
3 Whether effective state protection in Mexico was available and exhausted

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.