MA6-05053

MA6-05053

The panel rejected the claims because the claimant's critical allegations were not credible or corroborated, there was no proven nexus to a Convention ground, and the documentary record failed to show the Mexican state would be unable or unwilling to protect the claimants on a balance of probabilities.

Citation
MA6-05053
Parties
Principal Claimant: XXXX XXXX XXXX XXXXX; Child Claimant: XXXX XXXXX XXXXXX XXXX; Child Claimant: XXXXXX XXXXXX XXXX; Panel Member: Youssoupha Diop; Claimant's Counsel: Me Alain Joffe; Minister's Counsel: Louise Diver; Tribunal Officer: Annie Lemaine
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 November 2010
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision
Outcome
Refugee protection claims rejected; claim on behalf of American citizen withdrawn
Legal Topics
Refugee Protection, State Protection, Gender Based Persecution, Domestic Violence, Credibility, Separation of Claims, Withdrawal of Claim
Source Language
English
Immigration Refugee Law Human Rights Refugee Protection State Protection Gender Based Persecution Domestic Violence Credibility +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXX

Principal Claimant

XXXX XXXXX XXXXXX XXXX

Child Claimant

XXXXXX XXXXXX XXXX

Child Claimant

Youssoupha Diop

Panel Member

Me Alain Joffe

Claimant's Counsel

Louise Diver

Minister's Counsel

Annie Lemaine

Tribunal Officer

Procedural Posture

Refugee Protection Claim / Hearing and Final Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Credibility of claimant and inconsistencies in PIF and amendments
  3. 3 Whether claimed harm is linked to a Convention ground (membership of a particular social group)

Ratio Decidendi

The panel rejected the claims because the claimant's critical allegations were not credible or corroborated, there was no proven nexus to a Convention ground, and the documentary record failed to show the Mexican state would be unable or unwilling to protect the claimants on a balance of probabilities.

Court Disposition

Refugee protection claims rejected; claim on behalf of American citizen withdrawn

Orders

  • Refugee protection claims of XXXX XXXX XXXX XXXXX and her children are rejected
  • Claim for the child who is an American citizen is withdrawn and will not be examined