TA7-01762

TA7-01762

Claim dismissed because claimant failed to establish nexus to a Convention ground, failed to rebut the strong presumption of effective state protection in Mexico with clear and convincing evidence and did not demonstrate that an internal flight alternative was unreasonable; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TA7-01762
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 February 2009
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision Following Hearing
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Internal Flight Alternative, Convention Ground Nexus, Credibility, Exhaustion of Remedies
Source Language
English
Immigration Refugee Law Human Rights State Protection Internal Flight Alternative Convention Ground Nexus Credibility Exhaustion of Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant's fear is linked to a Convention ground
  2. 2 Whether effective state protection exists in Mexico
  3. 3 Whether claimant exhausted or pursued available state remedies

Ratio Decidendi

Claim dismissed because claimant failed to establish nexus to a Convention ground, failed to rebut the strong presumption of effective state protection in Mexico with clear and convincing evidence and did not demonstrate that an internal flight alternative was unreasonable; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim dismissed; removal order may follow according to applicable procedures