TA4-18833

TA4-18833

The tribunal rejected the claimant's testimony as not credible and found he failed to rebut the presumption that Mexican authorities could protect him; therefore he is neither a Convention refugee nor a person in need of protection and return to Mexico does not pose a risk of torture or cruel and unusual treatment.

Citation
TA4-18833
Parties
Claimant: XXXXXXXX XXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 February 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim rejected; claimant found not to be a Convention refugee or a person in need of protection
Legal Topics
State Protection, Credibility, Convention Refugee Status, Persecution, Drug Trafficking, Deportation
Source Language
English
Immigration Refugee Law Criminal Law Human Rights State Protection Credibility Convention Refugee Status Persecution +2 more

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Parties

XXXXXXXX XXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant is a Convention refugee
  3. 3 Whether state protection was available in Mexico

Ratio Decidendi

The tribunal rejected the claimant's testimony as not credible and found he failed to rebut the presumption that Mexican authorities could protect him; therefore he is neither a Convention refugee nor a person in need of protection and return to Mexico does not pose a risk of torture or cruel and unusual treatment.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee or a person in need of protection

Orders

  • Claim rejected
  • Removal to Mexico not prevented by this decision