TB2-02564

TB2-02564

Although the claimants' testimony was accepted as credible, they failed to prove on a balance of probabilities that their lives would be at risk on return because there was no clear identification of persecutors and the incidents and threats were insufficiently connected; moreover the police response in Saint Vincent was found to be adequate (adequacy standard), so state protection is available; therefore refugee protection under s.97 is not established.

Citation
TB2-02564
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 August 2013
Procedural Posture
Refugee Protection (section 97) / Hearing Decision Reasons for Decision
Outcome
Claims for refugee protection rejected
Legal Topics
Risk of Persecution, Adequacy of State Protection, Credibility, Burden of Proof (balance of Probabilities)
Source Language
English
Immigration Law Refugee Law State Protection Risk of Persecution Adequacy of State Protection Credibility Burden of Proof (balance of Probabilities)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (section 97) / Hearing Decision Reasons for Decision

Legal Issues

  1. 1 Whether claimants would face a risk to life on return to Saint Vincent
  2. 2 Whether adequate state protection is available in Saint Vincent
  3. 3 Whether claimants' accounts are credible and satisfy the balance of probabilities

Ratio Decidendi

Although the claimants' testimony was accepted as credible, they failed to prove on a balance of probabilities that their lives would be at risk on return because there was no clear identification of persecutors and the incidents and threats were insufficiently connected; moreover the police response in Saint Vincent was found to be adequate (adequacy standard), so state protection is available; therefore refugee protection under s.97 is not established.

Court Disposition

Claims for refugee protection rejected