TA3-14543

TA3-14543

Given documentary country evidence that Costa Rican authorities make serious efforts to investigate and provide remedies, and given the claimant's failure to take reasonable steps to pursue or provide evidence to support protection claims, the claimant did not prove state protection was unavailable and the protection claim fails.

Citation
TA3-14543
Parties
Claimant: XXXXXXXXXXXXX; Designated Representative: Refugee Protection Officer; Respondent Representative: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 December 2003
Procedural Posture
Refugee Protection Person in Need of Protection / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Risk to Life, Cruel and Unusual Treatment, Persecution, Exhaustion of Domestic Remedies, Burden of Proof, Country Conditions, Credibility
Source Language
English
Immigration Refugee Law Human Rights Criminal Law Administrative Law State Protection Risk to Life Cruel and Unusual Treatment +5 more

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Parties

XXXXXXXXXXXXX

Claimant

Refugee Protection Officer

Designated Representative

Minister's Counsel

Respondent Representative

Procedural Posture

Refugee Protection Person in Need of Protection / Hearing and Decision

Legal Issues

  1. 1 Availability of state protection in Costa Rica
  2. 2 Whether claimant faces persecution or risk to life/torture/cruel treatment
  3. 3 Whether claimant exhausted domestic remedies

Ratio Decidendi

Given documentary country evidence that Costa Rican authorities make serious efforts to investigate and provide remedies, and given the claimant's failure to take reasonable steps to pursue or provide evidence to support protection claims, the claimant did not prove state protection was unavailable and the protection claim fails.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected.