TA4-12892

TA4-12892

The panel concluded that the claimant failed to rebut the presumption that St. Lucia can provide adequate state protection for victims of spousal abuse; documentary evidence shows measures and improvements in protection and the claimant did not exhaust available remedies, therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA4-12892
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2005
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claim denied; claimant is not a Convention refugee or a person in need of protection
Legal Topics
State Protection, Domestic Violence, Particular Social Group, Convention Refugee Status, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence State Protection Domestic Violence Particular Social Group Convention Refugee Status +1 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under section 97(1)(a) or 97(1)(b) of the Immigration and Refugee Protection Act
  3. 3 Whether the claimant belongs to a particular social group (victims of spousal abuse)

Ratio Decidendi

The panel concluded that the claimant failed to rebut the presumption that St. Lucia can provide adequate state protection for victims of spousal abuse; documentary evidence shows measures and improvements in protection and the claimant did not exhaust available remedies, therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim denied; claimant is not a Convention refugee or a person in need of protection