MA8-08149

MA8-08149

The panel rejected the claimants' protection claim because they failed to provide credible evidence that they filed the alleged complaint, produced inconsistent documentary material, did not demonstrate they exhausted or reasonably sought state protection, and therefore failed to establish a serious possibility of persecution or, on the balance of probabilities, risk of torture, death or cruel and unusual treatment if returned to Mexico.

Citation
MA8-08149
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Claimant Minor: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 November 2009
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision (final)
Outcome
Claim rejected — claimants are not Convention refugees nor persons in need of protection.
Legal Topics
Refugee Protection, State Protection, Credibility, Convention Refugee, Risk of Torture, Due Diligence, Denunciation/complaint, Translation, Documentary Evidence, Sexual Assault
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Refugee Protection State Protection Credibility Convention Refugee +6 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant Minor

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision (final)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimants are persons in need of protection under Canadian law
  3. 3 Whether the claimants filed a complaint and the credibility of that allegation

Ratio Decidendi

The panel rejected the claimants' protection claim because they failed to provide credible evidence that they filed the alleged complaint, produced inconsistent documentary material, did not demonstrate they exhausted or reasonably sought state protection, and therefore failed to establish a serious possibility of persecution or, on the balance of probabilities, risk of torture, death or cruel and unusual treatment if returned to Mexico.

Court Disposition

Claim rejected — claimants are not Convention refugees nor persons in need of protection.

Orders

  • Refugee claims of XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX, and XXXXX XXXXX XXXXX XXXXX are rejected; claimants are not Convention refugees or persons in need of protection.