TA2-00795

TA2-00795

Despite credibility concerns and low weight assigned to some documents, the panel found on balance that the minor claimant was a victim of child abuse and that objective country conditions coupled with inadequate state protection gave more than a mere possibility of persecution on return; accordingly she met the Convention refugee definition as a member of the particular social group of abused children.

Citation
TA2-00795
Parties
Claimant: XXXXXXXXXXXX; Designated Representative: XXXXXXXXXXXX; Refugee Protection Officer: A. Martin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2002
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim allowed; minor claimant found to be a Convention refugee and accepted for refugee protection.
Legal Topics
Convention Refugee, Particular Social Group, Domestic Violence, State Protection, Gender Related Persecution, Children/minors, Credibility
Source Language
English
Immigration Refugee Law Child Protection Human Rights Convention Refugee Particular Social Group Domestic Violence State Protection +3 more

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Parties

XXXXXXXXXXXX

Claimant

XXXXXXXXXXXX

Designated Representative

A. Martin

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the minor claimant qualifies as a Convention refugee
  2. 2 Whether abused children constitute a particular social group in this case
  3. 3 Whether the claimant's testimony and documentary evidence are credible and probative

Ratio Decidendi

Despite credibility concerns and low weight assigned to some documents, the panel found on balance that the minor claimant was a victim of child abuse and that objective country conditions coupled with inadequate state protection gave more than a mere possibility of persecution on return; accordingly she met the Convention refugee definition as a member of the particular social group of abused children.

Court Disposition

Claim allowed; minor claimant found to be a Convention refugee and accepted for refugee protection.

Orders

  • Claim allowed and claimant accepted as a Convention refugee
  • Refugee protection granted to the claimant