MA5-01549

MA5-01549

The claimant failed to rebut the presumption that Honduras could protect him with clear and convincing evidence, and his failure to seek state protection after the attack undermined his claim; there is no evidence of a complete breakdown of the state apparatus, therefore the refugee protection claim is rejected.

Citation
MA5-01549
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: Francois Toupin; Panel Member / Decision Maker: Me Donal Archambault
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 July 2005
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Oral Decision, Final Determination
Outcome
Refugee protection claim rejected
Legal Topics
Refugee Protection, State Protection, Political Opinion, Particular Social Group, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection State Protection Political Opinion Particular Social Group Credibility Assessment

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Francois Toupin

Refugee Protection Officer

Me Donal Archambault

Panel Member / Decision Maker

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Oral Decision, Final Determination

Legal Issues

  1. 1 Whether claimant has well-founded fear of persecution for political opinion or membership of a particular social group
  2. 2 Whether claimant faces risk to life or risk of cruel and unusual treatment amounting to need for protection
  3. 3 Whether the presumption of state protection has been rebutted with clear and convincing evidence

Ratio Decidendi

The claimant failed to rebut the presumption that Honduras could protect him with clear and convincing evidence, and his failure to seek state protection after the attack undermined his claim; there is no evidence of a complete breakdown of the state apparatus, therefore the refugee protection claim is rejected.

Court Disposition

Refugee protection claim rejected