AA2-01089

AA2-01089

The claimant failed to take reasonable steps to access the available and accessible state protection in El Salvador; documentary evidence showed laws, shelters, hotlines and enforcement measures existed, so the presumption of state protection was not rebutted and the claimant is not a Convention refugee nor a person in need of protection.

Citation
AA2-01089
Parties
Claimant: XXXXXXXXXXXXXXXXX; Refugee Protection Officer: Kerry Murphy; Member, Refugee Protection Division: Eunice Harker
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 June 2003
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected — claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
State Protection, Gender Based Persecution, Domestic Violence, Particular Social Group, Convention Refugee Status, Protection Need, Burden of Proof
Source Language
English
Immigration Refugee Law Human Rights Criminal Law (domestic Violence) State Protection Gender Based Persecution Domestic Violence Particular Social Group +3 more

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Parties

XXXXXXXXXXXXXXXXX

Claimant

Kerry Murphy

Refugee Protection Officer

Eunice Harker

Member, Refugee Protection Division

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether state protection in El Salvador was available and accessible to the claimant
  2. 2 Whether the claimant qualifies as a Convention refugee based on gender-related persecution (domestic violence)
  3. 3 Whether the claimant is a person in need of protection (risk of torture or cruel and unusual treatment)

Ratio Decidendi

The claimant failed to take reasonable steps to access the available and accessible state protection in El Salvador; documentary evidence showed laws, shelters, hotlines and enforcement measures existed, so the presumption of state protection was not rebutted and the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected — claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claimant's refugee protection claim dismissed; claimant is not a Convention refugee and not a person in need of protection.