TA6-01468

TA6-01468

The claim is rejected because the documentary record demonstrates that Mexico City (DF) has a legislative framework and implementing measures providing adequate, if imperfect, protection for victims of gender-based violence, and the claimant did not exhaust or reasonably pursue available remedies; therefore she failed to establish a serious possibility of persecution or serious harm if returned.

Citation
TA6-01468
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: The Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 July 2007
Procedural Posture
Refugee Protection / Refusal Decision by Refugee Protection Division
Outcome
Claim rejected
Legal Topics
State Protection, Persecution Risk, Domestic Violence, Sexual Assault, Availability of Remedies
Source Language
English
Refugee Protection Immigration Law Gender Based Violence Human Rights State Protection Persecution Risk Domestic Violence Sexual Assault +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

The Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Refusal Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant faces a serious possibility of persecution on the basis of her gender and past sexual violence
  2. 2 Whether effective state protection is available in the claimant's area of residence (Mexico City, DF)
  3. 3 Whether the claimant exhausted or reasonably sought local remedies before fleeing

Ratio Decidendi

The claim is rejected because the documentary record demonstrates that Mexico City (DF) has a legislative framework and implementing measures providing adequate, if imperfect, protection for victims of gender-based violence, and the claimant did not exhaust or reasonably pursue available remedies; therefore she failed to establish a serious possibility of persecution or serious harm if returned.

Court Disposition

Claim rejected

Orders

  • Refugee claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act