MA8-04669

MA8-04669

The claims are rejected because the principal claimant's testimony was found not credible due to contradictions, changing accounts about the photographs and events, lack of documentary evidence, and failure to seek available state protection or domestic remedies; documentary country evidence supported availability of protection, so the claimants did not establish a risk requiring refugee protection.

Citation
MA8-04669
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Refugee protection claims rejected
Legal Topics
Refugee Protection, Credibility Assessment, State Protection, Personal Information Form Inconsistencies, Risk of Reprisals
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Refugee Protection Credibility Assessment State Protection Personal Information Form Inconsistencies +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 credibility of claimant's testimony and documentary support
  2. 2 whether claimant faces persecution or serious harm on return
  3. 3 availability and adequacy of state protection in Mexico

Ratio Decidendi

The claims are rejected because the principal claimant's testimony was found not credible due to contradictions, changing accounts about the photographs and events, lack of documentary evidence, and failure to seek available state protection or domestic remedies; documentary country evidence supported availability of protection, so the claimants did not establish a risk requiring refugee protection.

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims of the principal claimant, spouse and two minor children are rejected
  • No protection granted under sections 96 or 97(1)(b) of IRPA