CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of dismissal by Refugee Protection Division of Immigration and Refugee Board (IRB) of claim for refugee status—Applicant, Mexican, claiming persecution by state of Mexico through judicial police officers—IRB finding applicant not rebutting presumption of state protection—In determining whether presumption of state protection rebutted, effectiveness of protection offered constituting significant element—Protection must be evaluated at operational level—Although bearing burden of proof, claimant not required to seek protection where objectively unreasonable to do so—IRB considering existence, but not effectiveness of state protection, ignoring contradictory evidence related thereto—Determination as to nature of persecuting agent required in state protection analysis in order to fully assess claim—Distinction between “state agents,” “rogue officers,” “criminals” raising different considerations in evaluating effectiveness of state protection—Application allowed.
Lopez v. Canada (Minister of Citizenship and Immigration) (IMM-5544-06, 2007 FC 1341, Tremblay-Lamer J., judgment dated 21/12/07, 11pp.)