VC0-00510

VC0-00510

The appellants failed to rebut the presumption of adequate state protection in Ecuador: documentary and testimonial evidence showed a functioning police response (a dated police complaint and an investigation), only a single complaint was made and the appellants left Ecuador shortly after, and objective country evidence indicated Ecuador has institutions and reform efforts; therefore the RPD correctly found they are neither Convention refugees nor persons in need of protection.

Citation
VC0-00510
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (dismissed)
Outcome
Appeal dismissed; Refugee Protection Division decision confirmed.
Legal Topics
State Protection, Convention Refugee, Section 96 and 97 of the Immigration and Refugee Protection Act, Extortion, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Convention Refugee Section 96 and 97 of the Immigration and Refugee Protection Act Extortion Burden of Proof

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether the appellants are Convention refugees
  2. 2 Whether the appellants are persons in need of protection
  3. 3 Whether Ecuador can provide adequate state protection (determinative issue)

Ratio Decidendi

The appellants failed to rebut the presumption of adequate state protection in Ecuador: documentary and testimonial evidence showed a functioning police response (a dated police complaint and an investigation), only a single complaint was made and the appellants left Ecuador shortly after, and objective country evidence indicated Ecuador has institutions and reform efforts; therefore the RPD correctly found they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; Refugee Protection Division decision confirmed.

Orders

  • Appeal dismissed.
  • Decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection.