TA4-14431

TA4-14431

On the evidence (police certification of protective measures, documentary country information showing available remedies and services, and the claimant's separation from the primary target), the panel found state protection in Grenada adequate and the objective risk of persecution or serious harm to the claimants to be no more than a mere possibility; therefore the claimants are not Convention refugees nor persons in need of protection under s.97.

Citation
TA4-14431
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant (son): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 June 2006
Procedural Posture
Refugee Protection Claim — Convention Refugee and Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division (june 15 16, 2006)
Outcome
Claimants' refugee protection claims dismissed; claimants found not to be Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Risk of Torture, Protection Elsewhere, State Protection, Gender Related Persecution, Domestic Violence, Humanitarian and Compassionate Grounds, Change of Circumstances
Source Language
English
Refugee Protection Immigration Human Rights Gender Based Violence State Protection Convention Refugee Risk of Torture Protection Elsewhere +4 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant (son)

Procedural Posture

Refugee Protection Claim — Convention Refugee and Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division (june 15 16, 2006)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether state protection in Grenada is adequate
  3. 3 Whether the claimant faces a real risk from criminals who threatened her family

Ratio Decidendi

On the evidence (police certification of protective measures, documentary country information showing available remedies and services, and the claimant's separation from the primary target), the panel found state protection in Grenada adequate and the objective risk of persecution or serious harm to the claimants to be no more than a mere possibility; therefore the claimants are not Convention refugees nor persons in need of protection under s.97.

Court Disposition

Claimants' refugee protection claims dismissed; claimants found not to be Convention refugees and not persons in need of protection

Orders

  • Refugee Protection Division determination dismissing the claims (dated June 16, 2006)