MA3-03119

MA3-03119

The panel accepted the claimants' credible testimony, gave them the benefit of the doubt on credibility gaps, and on the basis of their personal account plus documentary evidence of widespread police corruption and impunity found that the claimants discharged the burden of showing a reasonable chance of being subject to a risk to life or cruel and unusual treatment if returned to Mexico, and therefore are persons in need of protection under section 97 IRPA.

Citation
MA3-03119
Parties
Claimant: XXXXXXXXXX; Panel Chair / Adjudicator: Charles DeBlois; Respondent / Government: Department of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 December 2003
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claims for protection accepted; claimants found to be persons in need of protection under section 97 IRPA
Legal Topics
Risk to Life, Cruel and Unusual Treatment, State Protection, Police Corruption, Credibility Assessment, Documentary Country Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law (corruption) Risk to Life Cruel and Unusual Treatment State Protection Police Corruption +2 more

Case Brief

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Parties

XXXXXXXXXX

Claimant

Charles DeBlois

Panel Chair / Adjudicator

Department of Citizenship and Immigration

Respondent / Government

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are persons in need of protection under section 97 IRPA
  2. 2 Whether the claimants meet the definition of Convention refugee under section 96 IRPA
  3. 3 Whether effective state protection was available in Mexico given alleged police corruption

Ratio Decidendi

The panel accepted the claimants' credible testimony, gave them the benefit of the doubt on credibility gaps, and on the basis of their personal account plus documentary evidence of widespread police corruption and impunity found that the claimants discharged the burden of showing a reasonable chance of being subject to a risk to life or cruel and unusual treatment if returned to Mexico, and therefore are persons in need of protection under section 97 IRPA.

Court Disposition

Claims for protection accepted; claimants found to be persons in need of protection under section 97 IRPA

Orders

  • Claims for protection accepted and claimants declared persons in need of protection