TA2-07584

TA2-07584

Although the claimants are members of a particular social group as victims of domestic violence and their testimony was found credible, the panel concluded on the balance of probabilities that a viable and reasonable internal flight alternative exists in Mexico City because the husband lacked power, there was no evidence of obsession or active pursuit, and the IFE voter registry lacked probative examples of being used to trace individuals; therefore the claimants are not Convention refugees and not persons in need of protection.

Citation
TA2-07584
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: The Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 July 2006
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims for refugee protection rejected; claimants not Convention refugees and not persons in need of protection
Legal Topics
Internal Flight Alternative, Domestic Violence, Gender Based Persecution, State Protection, Risk of Torture, Credibility and Evidence Weight
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Domestic Violence Gender Based Persecution State Protection Risk of Torture +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

The Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether a viable and reasonable internal flight alternative (IFA) exists in Mexico City
  3. 3 Whether the Mexican state provides effective protection

Ratio Decidendi

Although the claimants are members of a particular social group as victims of domestic violence and their testimony was found credible, the panel concluded on the balance of probabilities that a viable and reasonable internal flight alternative exists in Mexico City because the husband lacked power, there was no evidence of obsession or active pursuit, and the IFE voter registry lacked probative examples of being used to trace individuals; therefore the claimants are not Convention refugees and not persons in need of protection.

Court Disposition

Claims for refugee protection rejected; claimants not Convention refugees and not persons in need of protection

Orders

  • Refugee protection claims denied
  • No protection (torture or risk to life/cruel and unusual treatment) granted