TA5-04386

TA5-04386

Panel accepted claimant's credibility but concluded on the balance of probabilities that adequate state protection and internal relocation options are available in Mexico and that the claimant failed to rebut the presumption of state protection; therefore the refugee claim fails under sections 96 and 97(1) IRPA.

Source-derived case information.

Citation
TA5-04386
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer; Minister's Counsel: Minister's counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 February 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (merits Determination)
Outcome
Claim rejected
Legal Topics
Domestic Violence, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility, Sexual Violence, Rape, Administrative Guidelines
Source Language
english
Immigration Refugee Law Family/domestic Violence Human Rights Domestic Violence Gender Based Persecution State Protection Internal Flight Alternative +4 more

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Minister's counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (merits Determination)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Availability of state protection in Mexico
  3. 3 Internal flight alternative (IFA)

Ratio Decidendi

Panel accepted claimant's credibility but concluded on the balance of probabilities that adequate state protection and internal relocation options are available in Mexico and that the claimant failed to rebut the presumption of state protection; therefore the refugee claim fails under sections 96 and 97(1) IRPA.

Court Disposition

Claim rejected

Orders

  • Claim rejected under sections 96 and 97(1) of the Immigration and Refugee Protection Act; no refugee protection granted.