CAT/C/39/D/304/2006
Page 5
Refugee Protection Division.3 The Refugee Protection Division hearing was held on 26
October 2004, in the presence of the complainants’ lawyer. Their application was rejected on
6 January 2005. The tribunal determined that the complainants were not refugees or persons
in need of protection, in light of their application’s overall lack of credibility and of their
failure to clearly establish that there was a substantial risk to their life or a risk of torture or
cruel treatment, or a reasonable possibility of persecution in Mexico.
4.3 The tribunal found the complainant’s answers “confused” and there were substantial
differences between the claims made in some of the documents before the tribunal and the
complainant’s testimony. The explanations provided failed to clear up all these conflicting
points.
4.4 The tribunal noted that, according to the complainant and the newspapers, her partner
had died in Chilpancingo (Guerrero State), but the translation of the death certificate provided
gave Chimalhuacan (Mexico State and allegedly the companion’s place of residence). In
answer, the complainant had said she had identified the body in Chilpancingo. After the
hearing she sent the tribunal a document regarding the transfer of the body, but that document
did not explain why the death certificate gave Chimalhuacan as the place of death.
4.5 In addition, the complainant had stated on her Personal Information Form (PIF) that she
had lived in Mexico since January 2002 whereas, according to the newspapers, her
companion lived in Chimalhuacan. When confronted with this point at the hearing, she
answered that she had made a mistake. The tribunal points out that corrections and errors of
this kind detract from the complainant’s credibility.
4.6 According to articles in the press, the complainant’s partner had fallen victim to a gang
of criminals posing as criminal investigation officers, who had robbed him of everything but
his identity papers.4 The complainant explained that it was a plot designed to cover up the
role played by the police. The tribunal accepted the newspapers’ version and not the
complainant’s, given the latter’s overall lack of credibility. The tribunal wondered why her
alleged pursuers should have waited three months to demand such an important envelope and
why, after the complainants had moved house in February 2003, the daughter should have
continued to go to the same school.5 “Such carelessness on a mother’s part”, the tribunal
found, “is not consistent with [the behaviour] of an individual who genuinely fears for the
safety of her family.”
3
The Refugee Protection Division of the Immigration and Refugee Board (an independent
administrative tribunal) holds hearings in order to determine whether a person is a protected
person. A protected person is either a refugee within the meaning of the Convention relating
to the Status of Refugees or a person in need of protection.
4
According to these accounts, the complainant’s partner had been robbed of his truck
complete with load.
5
The tribunal notes that the complainant admitted this at the hearing.