MA6-08898

MA6-08898

Claim rejected because claimant failed to establish nexus to a Convention ground and failed to rebut the presumption that Mexico could provide state protection; credibility issues and failure to seek available state protection meant burden of proof was not met.

Citation
MA6-08898
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Me Chantal Ianniciello; Refugee Protection Officer: Myriam De Bailleul; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Panel Member: Me Michel Byczak; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 November 2007
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision on Refugee Claim
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
State Protection, Credibility, Convention Refugee, Persecution, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Convention Refugee Persecution Burden of Proof

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Me Chantal Ianniciello

Claimant's Counsel

Myriam De Bailleul

Refugee Protection Officer

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Me Michel Byczak

Panel Member

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision on Refugee Claim

Legal Issues

  1. 1 Whether there is nexus to a Convention ground
  2. 2 Whether claimant met burden to rebut presumption of state protection
  3. 3 Credibility of claimant's testimony regarding threats and demanded amount

Ratio Decidendi

Claim rejected because claimant failed to establish nexus to a Convention ground and failed to rebut the presumption that Mexico could provide state protection; credibility issues and failure to seek available state protection meant burden of proof was not met.

Court Disposition

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

Orders

  • Claim for refugee protection rejected; claimant is not a Convention refugee or a person in need of protection.