Notice of Identification of Persuasive Decision
Persuasive decisions are decisions that have been identified by the Deputy Chairperson as being of persuasive value in developing the jurisprudence of the Division. Although Members are not expected to follow them, they are decisions that Members are encouraged to rely upon in the interests of consistency and collegiality.
After due consideration, I am of the view that the reasons for decision in TA6-07453 are of persuasive value in regard to claimants from Mexico seeking protection due to their fear that the Mexican state is unable to protect them from criminality by common criminals because of corruption within the police. The reasons cite the documentary evidence which relates to state protection and conclude with a finding that for such claimants, adequate state protection is available.
As of the date of publication of this notice, Members are encouraged to adopt the reasoning in the persuasive decision where the evidence in the claim they are deciding establishes that the claimant has a similar claim type to that of the claimant in the persuasive decision, and the Member is in agreement with the reasoning. Members can cite the persuasive decision in their reasons.
However, if new or additional evidence is before them that was not before the panel in the persuasive decision, Members should not simply cite the persuasive decision. They should go further in their analysis and take into consideration that new or additional evidence before deciding whether or not to adopt the reasoning in the persuasive decision.
A copy of the reasons for decision in TA6-07453 is attached.
Refugee Protection Division
Signed by Ken Sandhu
on May 8, 2008