TA8-10033

TA8-10033

The claimants failed to establish a nexus between the feared persecution and a Convention ground and failed to rebut the presumption of available state protection in Saint Lucia with clear and convincing evidence, including credible supporting documentation; accordingly they are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Citation
TA8-10033
Parties
Claimant (adult): XXXXX XXXXX; Claimant (minor): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 June 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (reasons and Decision) Dated June 4, 2010
Outcome
Claims rejected: claimants are not Convention refugees and are not persons in need of protection under section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Status, State Protection, Nexus to Convention Grounds, Domestic Violence, Victim of Criminality, Production of Documents, Burden and Standard of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status State Protection Nexus to Convention Grounds Domestic Violence Victim of Criminality +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX

Claimant (adult)

XXXXX XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division (reasons and Decision) Dated June 4, 2010

Legal Issues

  1. 1 Whether the claimants established a nexus between their fear and a Convention ground
  2. 2 Whether state protection in Saint Lucia was available and adequate
  3. 3 Credibility and evidentiary weight of failure to produce police reports and supporting documentation

Ratio Decidendi

The claimants failed to establish a nexus between the feared persecution and a Convention ground and failed to rebut the presumption of available state protection in Saint Lucia with clear and convincing evidence, including credible supporting documentation; accordingly they are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claims rejected: claimants are not Convention refugees and are not persons in need of protection under section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee Protection Division rejects the claims of the adult and minor claimants (decision dated June 4, 2010).