MA5-02878

MA5-02878

The claim was rejected because the claimant failed to rebut the presumption that Mexican authorities could protect him; he did not exhaust available domestic remedies (notably refusing police assistance to go to the PGR and failing to pursue his complaint), and therefore failed to establish a well-founded fear of persecution or a personal risk to life or risk of cruel and unusual treatment on return.

Citation
MA5-02878
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 October 2005
Procedural Posture
Refugee Protection S.96 and S.97(1) IRPA / Decision After Hearing (refugee Protection Division)
Outcome
Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
State Protection, Burden of Proof, Exhaustion of Local Remedies, Well Founded Fear, Persecution, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law Criminal Law (organized Crime Context) State Protection Burden of Proof Exhaustion of Local Remedies Well Founded Fear +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection S.96 and S.97(1) IRPA / Decision After Hearing (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution
  2. 2 Whether Mexican authorities could protect the claimant
  3. 3 Whether claimant exhausted domestic remedies before claiming international protection

Ratio Decidendi

The claim was rejected because the claimant failed to rebut the presumption that Mexican authorities could protect him; he did not exhaust available domestic remedies (notably refusing police assistance to go to the PGR and failing to pursue his complaint), and therefore failed to establish a well-founded fear of persecution or a personal risk to life or risk of cruel and unusual treatment on return.

Court Disposition

Refugee protection claim rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Claim for refugee protection rejected; claimants not Convention refugees or persons in need of protection.