VA1-04271

VA1-04271

The claim is dismissed because the claimant was found not credible (notably for failing to disclose a current Mexican passport and providing inconsistent/incomplete testimony), and because she failed to rebut that state protection in Mexico was available or that an internal flight alternative (e.g. relocating to a...

Source-derived case information.

Citation
VA1-04271
Parties
Claimant: XXXXXXXXXXXXXXXX; Respondent: Minister (Government of Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2003
Procedural Posture
Refugee Claim (convention Refugee Determination) / Oral Hearing and Decision
Outcome
Claimant's refugee claim dismissed; not a Convention refugee and not a person in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Particular Social Group, Gender Based Persecution, Domestic Violence, Internal Flight Alternative, State Protection, Credibility, Postponement (rule 48)
Source Language
english
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Particular Social Group Gender Based Persecution Domestic Violence +4 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Claim (convention Refugee Determination) / Oral Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether the claimant fears persecution on Convention grounds as a member of a particular social group (gender)
  3. 3 Whether state protection in Mexico is available and effective

Ratio Decidendi

The claim is dismissed because the claimant was found not credible (notably for failing to disclose a current Mexican passport and providing inconsistent/incomplete testimony), and because she failed to rebut that state protection in Mexico was available or that an internal flight alternative (e.g. relocating to a larger city) was reasonably accessible; consequently there is less than a serious possibility of persecution on Convention grounds.

Court Disposition

Claimant's refugee claim dismissed; not a Convention refugee and not a person in need of protection.

Orders

  • Claimant's claim dismissed; determination that claimant is not a Convention refugee and is not a person in need of protection