M.G.G.R. v MCI 2010 FCJ 150 no credible basis

The Court upheld a finding of no credible basis holding that there was no other credible information and general country documentation did not preclude a finding of no credible basis:15 Alternatively, the applicant is challenging the panel's finding that her refugee protection claim has no credible basis. According to her counsel, the panel should have considered the documentary evidence, particularly the evidence related to the situation of women rape victims in Mexico. However, as the respondent notes, the existence of such documentary evidence cannot in itself be considered as a basis for the applicant's refugee protection claim. That evidence must be related to the refugee claimant's personal situation. As the Federal Court of Appeal stated in Rahaman v. Canada (Minister of Citizenship and Immigration), 2002 FCA 89, [2002] 3 F.C. 537 at paragraph 51, the panel "[is required to] examine all the evidence and ... conclude that the claim has no credible basis only when there is no trustworthy or credible evidence that could support a recognition of the claim" [emphasis added]. This is the situation in the case at bar. In fact, the only evidence presented to the panel by the applicant consisted of testimony it found to be inconsistent as well as not credible, and two unidentified photographs. In addition, it does not strike me as being unreasonable to conclude, under the circumstances, that there was no trustworthy or credible evidence that could support a recognition of the applicant's claim.