TA6-13158

TA6-13158

The claimant failed to rebut the presumption of state protection because Mexico was found to be a functioning democracy with available remedies and protection mechanisms, the claimant did not make reasonable attempts to seek domestic protection, and documentary evidence outweighed her testimony; therefore she is not a Convention refugee nor a person in need of protection under section 97.

Citation
TA6-13158
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 July 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Convention Refugee, Torture (cat), Gender Related Persecution, Vulnerability
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Convention Refugee Torture (cat) Gender Related Persecution +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant rebutted presumption of state protection
  3. 3 Whether claimant faces a risk of torture or cruel and unusual treatment

Ratio Decidendi

The claimant failed to rebut the presumption of state protection because Mexico was found to be a functioning democracy with available remedies and protection mechanisms, the claimant did not make reasonable attempts to seek domestic protection, and documentary evidence outweighed her testimony; therefore she is not a Convention refugee nor a person in need of protection under section 97.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim denied