TA9-09517

TA9-09517

Claim denied because claimant failed to establish nexus to a Convention ground and the harm alleged (extortion, threats, assault, kidnapping by La Familia) constitutes a generalized risk faced by many in Mexico under s.97(1)(b)(ii); credibility issues and unreliable police documentation further undermined the claim.

Citation
TA9-09517
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX; Minor Child: XXXXX XXXXX XXXXX XXXXX; Minor Child: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 August 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision of Refugee Protection Division (reasons and Decision)
Outcome
Claimants' refugee protection claims rejected; not Convention refugees and not persons in need of protection under sections 96 and 97(1) of the IRPA.
Legal Topics
Generalized Risk, Internal Flight Alternative, Credibility Assessment, Nexus to Convention Grounds, Extortion, Organized Crime, State Protection
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Generalized Risk Internal Flight Alternative Credibility Assessment Nexus to Convention Grounds Extortion +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX

Minor Child

XXXXX XXXXX XXXXX

Minor Child

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision of Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1) of the IRPA
  3. 3 Whether claimant established nexus to a Convention ground

Ratio Decidendi

Claim denied because claimant failed to establish nexus to a Convention ground and the harm alleged (extortion, threats, assault, kidnapping by La Familia) constitutes a generalized risk faced by many in Mexico under s.97(1)(b)(ii); credibility issues and unreliable police documentation further undermined the claim.

Court Disposition

Claimants' refugee protection claims rejected; not Convention refugees and not persons in need of protection under sections 96 and 97(1) of the IRPA.

Orders

  • Refugee Protection Division rejects the claims of the principal claimant, spouse and minor children (no protection granted)