TA9-20211

TA9-20211

Claim dismissed because claimant was not credible given delay and re‑availment, and she failed to rebut the presumption of adequate state protection in Venezuela with clear and convincing evidence; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA9-20211
Parties
Claimant: XXXX XXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 April 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision RPD Hearing
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Re‑availment, Delay in Making Claim, Credibility, Domestic Violence, Torture
Source Language
English
Immigration Refugee Law Gender Based Violence State Protection Convention Refugee Person in Need of Protection Re‑availment Delay in Making Claim +3 more

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Parties

XXXX XXXX XXXXXX XXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision RPD Hearing

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution arising from domestic and sexual abuse by her father
  2. 2 Credibility of claimant given delay and re‑availment to country of origin
  3. 3 Whether state protection in Venezuela is adequate and claimant exhausted reasonable domestic remedies

Ratio Decidendi

Claim dismissed because claimant was not credible given delay and re‑availment, and she failed to rebut the presumption of adequate state protection in Venezuela with clear and convincing evidence; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee Protection Division rejects the claim for refugee protection