TA8-12950

TA8-12950

The claimants failed to demonstrate nexus to a Convention ground because their fear was of criminal victimization rather than persecution for a protected ground, and they failed to rebut the presumption that the Mexican state can provide adequate protection on a balance of probabilities; accordingly they are neither Convention refugees nor persons in need of protection.

Citation
TA8-12950
Parties
Claimant (male): XXXXX XXXXX; Claimant (female): XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 July 2009
Procedural Posture
Refugee Protection Claim / Decision Issued
Outcome
Claims dismissed - claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Persons in Need of Protection, State Protection, Gender Related Persecution, Nexus, Organized Crime, Rape, Corruption
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Refugee Protection Convention Refugee Persons in Need of Protection State Protection Gender Related Persecution +4 more

Case Brief

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Parties

XXXXX XXXXX

Claimant (male)

XXXXX XXXXX

Claimant (female)

XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision Issued

Legal Issues

  1. 1 Whether the claimants’ fear is linked to a Convention ground (nexus)
  2. 2 Whether the claimants rebutted the presumption of adequate state protection
  3. 3 Whether gender-related credibility issues affected the claimants’ evidence

Ratio Decidendi

The claimants failed to demonstrate nexus to a Convention ground because their fear was of criminal victimization rather than persecution for a protected ground, and they failed to rebut the presumption that the Mexican state can provide adequate protection on a balance of probabilities; accordingly they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed - claimants are neither Convention refugees nor persons in need of protection

Orders

  • The claim of XXXXX XXXXX is rejected.