MA6-05154

MA6-05154

The panel found the claimants credible and corroborated by medical and country documentation demonstrating widespread kidnapping, express kidnapping practices and possible police collusion; the state failed to provide effective protection (police information likely leaked and follow‑up was ineffective) and an internal flight alternative was not reasonable due to the kidnappers' organization and access to personal data, therefore the claimants are persons in need of protection under s.97(1)(b).

Citation
MA6-05154
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Manuel Antonio Centurion; Panel Member: Me Pierre Duquette; Refugee Protection Officer: Honor Weston; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2007
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claim allowed; claimants determined to be persons in need of protection.
Legal Topics
Persons in Need of Protection, Kidnapping, State Protection, Internal Flight Alternative, Documentary Evidence
Source Language
English
Immigration Refugee Law State Protection Country Conditions Persons in Need of Protection Kidnapping Internal Flight Alternative Documentary Evidence

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Me Manuel Antonio Centurion

Claimant's Counsel

Me Pierre Duquette

Panel Member

Honor Weston

Refugee Protection Officer

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are persons in need of protection under s.97(1)(b) of the IRPA
  2. 2 Whether the Mexican state can provide effective protection
  3. 3 Whether an internal flight alternative within Mexico was available and reasonable

Ratio Decidendi

The panel found the claimants credible and corroborated by medical and country documentation demonstrating widespread kidnapping, express kidnapping practices and possible police collusion; the state failed to provide effective protection (police information likely leaked and follow‑up was ineffective) and an internal flight alternative was not reasonable due to the kidnappers' organization and access to personal data, therefore the claimants are persons in need of protection under s.97(1)(b).

Court Disposition

Claim allowed; claimants determined to be persons in need of protection.

Orders

  • Allow claim for refugee protection.
  • Positive decision to be left in the file.