MA8-09643

MA8-09643

The claim was dismissed because the panel found the claimant's credibility undermined by lack of corroboration and inconsistent testimony regarding attempts to obtain protection, and because the claimant failed to demonstrate on the balance of probabilities that state protection in Mexico was unavailable or inadequate given existing laws, shelters and protection orders.

Citation
MA8-09643
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXXX; Dependent Claimant: XXXXXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 July 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Refugee Protection Division
Outcome
Claim rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
State Protection, Credibility, Convention Refugee, Protection Orders, Women Refugees Guideline
Source Language
English
Immigration Law Refugee Law Gender Based Persecution Domestic Violence Administrative Law State Protection Credibility Convention Refugee +2 more

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Parties

XXXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXXXXXXXX

Dependent Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Refugee Protection Division

Legal Issues

  1. 1 Credibility of the principal claimant's evidence and corroboration
  2. 2 Availability and adequacy of state protection in Mexico
  3. 3 Whether the claimants qualify as Convention refugees or persons in need of protection

Ratio Decidendi

The claim was dismissed because the panel found the claimant's credibility undermined by lack of corroboration and inconsistent testimony regarding attempts to obtain protection, and because the claimant failed to demonstrate on the balance of probabilities that state protection in Mexico was unavailable or inadequate given existing laws, shelters and protection orders.

Court Disposition

Claim rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • The refugee protection claim is rejected.