VB0-00849

VB0-00849

The claimants' refugee claims are dismissed because South Korea is a functioning democracy presumed capable of protecting its citizens and the claimants failed to rebut that presumption with clear and convincing evidence; additionally the claimants' credibility is undermined by material contradictions and omissions and they lack a subjective fear of persecution, so they are neither Convention refugees nor persons in need of protection.

Citation
VB0-00849
Parties
Principal Claimant: XXXXXXXX; Associated Claimant / Designated Representative for Minor Claimant: XXXXXXX; Minor Claimant: XXXXXX; Respondent Minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 August 2011
Procedural Posture
Refugee Protection (s.96 and S.97(1) Immigration and Refugee Protection Act) / Merits Hearing and Decision (oral Ruling 09 Aug 2011; Written Reasons 29 Sep 2011)
Outcome
Claim dismissed; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee Determination, State Protection Presumption, Credibility Findings, National Security Law (south Korea), Re‑availment, Failure to Seek Domestic Protection, Risk of Torture
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Determination State Protection Presumption Credibility Findings National Security Law (south Korea) +3 more

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Parties

XXXXXXXX

Principal Claimant

XXXXXXX

Associated Claimant / Designated Representative for Minor Claimant

XXXXXX

Minor Claimant

Minister of Citizenship and Immigration (Canada)

Respondent Minister

Procedural Posture

Refugee Protection (s.96 and S.97(1) Immigration and Refugee Protection Act) / Merits Hearing and Decision (oral Ruling 09 Aug 2011; Written Reasons 29 Sep 2011)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether South Korea provides adequate state protection and the claimants have rebutted the presumption of state protection

Ratio Decidendi

The claimants' refugee claims are dismissed because South Korea is a functioning democracy presumed capable of protecting its citizens and the claimants failed to rebut that presumption with clear and convincing evidence; additionally the claimants' credibility is undermined by material contradictions and omissions and they lack a subjective fear of persecution, so they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim dismissed; claimants are not Convention refugees and not persons in need of protection

Orders

  • Claims dismissed; refugee protection denied