VA1-02181

VA1-02181

The panel found the claimant credible and concluded she established by clear and convincing evidence that the Chinese authorities were unable to protect her from the two remaining gang members who threatened her; therefore she faces a risk to her life or cruel treatment and lacks a viable internal flight alternative, making her a person in need of protection under s.97(1)(b) of the Act.

Citation
VA1-02181
Parties
Claimant: XXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 July 2002
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Final Decision (refugee Protection Division)
Outcome
Claimant determined to be a person in need of protection pursuant to s.97(1)(b) of the Immigration and Refugee Protection Act.
Legal Topics
State Protection, Risk to Life, Cruel and Unusual Treatment, Internal Flight Alternative, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Human Rights State Protection Risk to Life Cruel and Unusual Treatment Internal Flight Alternative Person in Need of Protection

Case Brief

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Parties

XXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant faces a risk to life or cruel and unusual treatment under s.97(1)(b) of the Act
  2. 2 Whether state protection was available or the presumption of state protection was rebutted
  3. 3 Whether an internal flight alternative existed

Ratio Decidendi

The panel found the claimant credible and concluded she established by clear and convincing evidence that the Chinese authorities were unable to protect her from the two remaining gang members who threatened her; therefore she faces a risk to her life or cruel treatment and lacks a viable internal flight alternative, making her a person in need of protection under s.97(1)(b) of the Act.

Court Disposition

Claimant determined to be a person in need of protection pursuant to s.97(1)(b) of the Immigration and Refugee Protection Act.

Orders

  • Claimant determined to be a person in need of protection pursuant to s.97(1) of the Act.