MA9-08498

MA9-08498

The female claimant was found credible and proved on a balance of probabilities that she suffered serious domestic violence by a military officer and that Guatemalan state protection was inadequate because police and army failed to intervene; as a result she faces a serious possibility of persecution as a member of the particular social group 'women' and is a Convention refugee. The minor claimant, a US citizen, failed to prove a serious possibility of persecution or a risk of torture/cruel treatment and his claim was rejected.

Citation
MA9-08498
Parties
Claimant: XXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 March 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing (oral Hearing March 5, 2012)
Outcome
Female claimant allowed as a Convention refugee; minor claimant rejected.
Legal Topics
Gender Based Persecution, Domestic Violence, State Protection, Well Founded Fear, Convention Refugee
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Domestic Violence State Protection Well Founded Fear Convention Refugee

Case Brief

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Parties

XXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing (oral Hearing March 5, 2012)

Legal Issues

  1. 1 Whether the female claimant faces persecution as a member of a particular social group (women) due to domestic violence by a military officer
  2. 2 Whether state protection in Guatemala is adequate for the female claimant
  3. 3 Whether there is a serious possibility of persecution or risk of torture/cruel treatment to the minor son

Ratio Decidendi

The female claimant was found credible and proved on a balance of probabilities that she suffered serious domestic violence by a military officer and that Guatemalan state protection was inadequate because police and army failed to intervene; as a result she faces a serious possibility of persecution as a member of the particular social group 'women' and is a Convention refugee. The minor claimant, a US citizen, failed to prove a serious possibility of persecution or a risk of torture/cruel treatment and his claim was rejected.

Court Disposition

Female claimant allowed as a Convention refugee; minor claimant rejected.

Orders

  • Female claimant granted refugee protection as a Convention refugee.
  • Claim of the minor claimant is rejected; he is neither a Convention refugee nor a person in need of protection.