MA2-04891

MA2-04891

The panel accepted the claimant's credibility, found documentary and NGO evidence established systemic failures of Peruvian authorities to protect female victims of conjugal violence, concluded the claimant and her children belong to protected particular social groups (female victims of conjugal violence and family) and that state protection is unavailable in practice, and therefore their fear of persecution is well founded—entitling them to Convention refugee status.

Citation
MA2-04891
Parties
Claimant (principal): XXXXXXXXXXXXXXXXXXXXX; Claimant Minor: XXXXXXXXXXXXXXXXXX; Claimant Minor: XXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2003
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Refugee protection claims accepted; claimants recognized as Convention refugees.
Legal Topics
Particular Social Group, Spousal Abuse, Gender Related Persecution, State Protection, Convention Refugee Status, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Family Law Particular Social Group Spousal Abuse Gender Related Persecution State Protection +2 more

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Parties

XXXXXXXXXXXXXXXXXXXXX

Claimant (principal)

XXXXXXXXXXXXXXXXXX

Claimant Minor

XXXXXXXXXXXXXXXX

Claimant Minor

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether the principal claimant and her children qualify as Convention refugees as members of a particular social group (female victims of conjugal violence and family)
  2. 2 Whether the Peruvian state is able and willing to provide effective protection against conjugal violence
  3. 3 Whether the claimant's testimony and documentary evidence are sufficiently credible and establish a well‑founded fear of persecution

Ratio Decidendi

The panel accepted the claimant's credibility, found documentary and NGO evidence established systemic failures of Peruvian authorities to protect female victims of conjugal violence, concluded the claimant and her children belong to protected particular social groups (female victims of conjugal violence and family) and that state protection is unavailable in practice, and therefore their fear of persecution is well founded—entitling them to Convention refugee status.

Court Disposition

Refugee protection claims accepted; claimants recognized as Convention refugees.

Orders

  • Refugee protection claims of XXXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXX are accepted and they are recognized as Convention refugees.