TB8-11663

TB8-11663

The appeal is dismissed because the appellants failed to rebut the presumption of effective state protection in Mexico on a balance of probabilities: the alleged persecutor remains imprisoned, there is no clear link between the alleged threats/incidents and the step‑father or state corruption sufficient to show inability or unwillingness of the state to protect, and therefore no serious possibility of persecution or need for protection was established.

Citation
TB8-11663
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 December 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Heard, Reasons and Decision Issued)
Outcome
Appeal dismissed; decision of the RPD dated March 14, 2018 confirmed
Legal Topics
State Protection, Credibility Findings, Internal Flight Alternative, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Findings Internal Flight Alternative Convention Refugee Status

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Heard, Reasons and Decision Issued)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the appellants rebutted the presumption of adequate state protection in Mexico
  3. 3 Whether internal flight alternatives in Mexico were viable

Ratio Decidendi

The appeal is dismissed because the appellants failed to rebut the presumption of effective state protection in Mexico on a balance of probabilities: the alleged persecutor remains imprisoned, there is no clear link between the alleged threats/incidents and the step‑father or state corruption sufficient to show inability or unwillingness of the state to protect, and therefore no serious possibility of persecution or need for protection was established.

Court Disposition

Appeal dismissed; decision of the RPD dated March 14, 2018 confirmed

Orders

  • Appeal dismissed.
  • Decision of the Refugee Protection Division dated March 14, 2018 is confirmed.