VA3-02272

Claimant failed to rebut the presumption of state protection with clear and convincing evidence and did not show the state was unable or unwilling to protect him; therefore state protection in Mexico was found available and the claimant is neither a Convention refugee nor a person in need of protection.

Citation: VA3-02272
Parties: Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: El-Farouk Khaki; Refugee Protection Officer: R. Go; Panel Member: Leonardo Cunanan; Minister's Counsel: Nil; Designated Representative: Nil
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 3 June 2005
Procedural Posture: Refugee Protection Claim / Decision (refugee Protection Division)
Outcome: Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: State Protection, Sexual Orientation, Hiv/aids, Person in Need of Protection, Persecution
Source Language: English

Immigration Refugee Law Human Rights State Protection Sexual Orientation Hiv/aids Person in Need of Protection Persecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

El-Farouk Khaki

Claimant's Counsel

R. Go

Refugee Protection Officer

Leonardo Cunanan

Panel Member

Nil

Minister's Counsel

Nil

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether state protection was available in Mexico
3 Whether the claimant is a person in need of protection under section 97(1)(a) and (b) of the Immigration and Refugee Protection Act

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.