What is the test for the presumption of state protection for a family of five in Mexico?
Canada (Federal), Canada
The following excerpt is from Toriz Gilvaja v. Canada (Citizenship and Immigration), 2009 FC 598 (CanLII):
The applicant submits that it would be objectively unreasonable for the applicant to approach the state for protection in the particular circumstances of her case. The presumption of state protection fails where it is “objectively unreasonable for the claimant not to have sought the protection of his home authorities” (see Canada v. Ward, 1993 CanLII 105 (SCC), [1993] 2 S.C.R. 689, paragraphs 48 and 49). The applicant testified about previous occasions where her family has been denied state protection. There is substantial documentary evidence that supports her contention that state protection has not been available to persons similarly situated in Mexico.
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