TB2-06399

TB2-06399

The panel rejected the claim because the claimants failed to prove a serious possibility of persecution on Convention grounds or personal risk of torture or cruel and unusual treatment if returned to Saint Vincent; there was insufficient evidence that state protection in Saint Vincent would be unavailable, credibility concerns existed, and the psychological and photographic evidence were given no weight.

Citation
TB2-06399
Parties
Principal Claimant: XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX; Dependents/children: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 November 2015
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim rejected
Legal Topics
Convention Refugee Determination, State Protection Assessment, Gender Based Violence, Credibility Assessment, Psychological Evidence, Risk of Torture or Cruel and Unusual Treatment
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Human Rights Convention Refugee Determination State Protection Assessment Gender Based Violence Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Dependents/children

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1)(a) and 97(1)(b) of IRPA
  3. 3 Whether state protection was unavailable in Antigua or Saint Vincent

Ratio Decidendi

The panel rejected the claim because the claimants failed to prove a serious possibility of persecution on Convention grounds or personal risk of torture or cruel and unusual treatment if returned to Saint Vincent; there was insufficient evidence that state protection in Saint Vincent would be unavailable, credibility concerns existed, and the psychological and photographic evidence were given no weight.

Court Disposition

Claim rejected

Orders

  • Claim rejected
  • No protection granted under sections 96 or 97(1)(a) or 97(1)(b) of the IRPA