TA6-01320

TA6-01320

Claimant found credible as to history of abuse but failed to rebut the presumption of state protection because evidence established that St. Lucia offers adequate protection (police, Domestic Violence Unit, crisis centres and protection orders); therefore there is no serious possibility of persecution and the refugee claim is rejected.

Citation
TA6-01320
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 August 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (post Hearing)
Outcome
Claim rejected
Legal Topics
State Protection, Domestic Violence, Credibility, Delay in Claiming, Gender Based Persecution
Source Language
English
Immigration Refugee Law Human Rights Family Law/domestic Violence State Protection Domestic Violence Credibility Delay in Claiming +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (post Hearing)

Legal Issues

  1. 1 credibility of claimant
  2. 2 delay in claiming
  3. 3 availability of state protection

Ratio Decidendi

Claimant found credible as to history of abuse but failed to rebut the presumption of state protection because evidence established that St. Lucia offers adequate protection (police, Domestic Violence Unit, crisis centres and protection orders); therefore there is no serious possibility of persecution and the refugee claim is rejected.

Court Disposition

Claim rejected