TA9-24267

TA9-24267

Portugal is a functioning constitutional democracy with effective law enforcement and remedies; the claimant failed to take reasonable steps to seek state protection and did not present clear and convincing evidence that state protection would be inadequate, therefore the presumption of state protection was not rebutted and the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of IRPA.

Citation
TA9-24267
Parties
Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 June 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of Refugee Protection Division Following Hearing
Outcome
Refugee Protection Division rejects the refugee protection claims; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Domestic Violence, State Protection, Gender Guidelines, Nexus to Convention Ground, Compelling Reasons (s.108(4)), Exhaustion of Domestic Remedies
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Gender Based Violence Administrative Law Domestic Violence State Protection Gender Guidelines +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of Refugee Protection Division Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 of IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) of IRPA
  3. 3 Whether state protection in Portugal is adequate

Ratio Decidendi

Portugal is a functioning constitutional democracy with effective law enforcement and remedies; the claimant failed to take reasonable steps to seek state protection and did not present clear and convincing evidence that state protection would be inadequate, therefore the presumption of state protection was not rebutted and the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of IRPA.

Court Disposition

Refugee Protection Division rejects the refugee protection claims; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claims for refugee protection rejected.