TA1-28471

TA1-28471

The claims were rejected because, taken cumulatively, significant credibility concerns, material omissions, failure to produce corroborating documentation, and the absence of reasonable efforts to seek or exhaust available Argentine state remedies (in a democratic state where protection mechanisms exist) meant the claimants failed to establish they are Convention refugees or persons in need of protection.

Citation
TA1-28471
Parties
Claimant: XXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 October 2002
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claims rejected
Legal Topics
Gender Related Persecution, Domestic Violence, State Protection, Credibility, Documentation, Particular Social Group, Country Risk (argentina)
Source Language
English
Immigration and Refugee Law Human Rights Gender Related Persecution Domestic Violence State Protection Credibility Documentation Particular Social Group +1 more

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Parties

XXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees or persons in need of protection
  2. 2 Whether the claimants established a well‑founded fear of persecution by a private actor (the female claimant's father) on a Convention ground
  3. 3 Whether state protection in Argentina was available and effective and whether the claimants exhausted domestic remedies

Ratio Decidendi

The claims were rejected because, taken cumulatively, significant credibility concerns, material omissions, failure to produce corroborating documentation, and the absence of reasonable efforts to seek or exhaust available Argentine state remedies (in a democratic state where protection mechanisms exist) meant the claimants failed to establish they are Convention refugees or persons in need of protection.

Court Disposition

Claims rejected

Orders

  • The refugee protection claims of XXXXXXXXXXXXX and XXXXXXXXXXXXX are rejected.