TA4-04277
The claimant failed to rebut the presumption that Guyana can and will provide adequate protection; documentary and testimonial evidence showed police response and government measures, therefore the claimant is neither a Convention refugee nor a person in need of protection.
- Citation
- TA4-04277
- Parties
- Claimant: XXXXX XXXXX
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 24 March 2006
- Procedural Posture
- Refugee Protection Claim Under IRPA / Hearing and Determination (decision)
- Outcome
- Refugee protection claim rejected; claimant not a Convention refugee and not a person in need of protection
- Legal Topics
- State Protection, Gender Based Violence, Criminal Violence, Convention Refugee Status
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX
Claimant
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Determination (decision)
Legal Issues
- 1 Whether adequate state protection is available on return to Guyana
- 2 Whether claimant qualifies as a Convention refugee
- 3 Whether claimant is a person in need of protection
Ratio Decidendi
The claimant failed to rebut the presumption that Guyana can and will provide adequate protection; documentary and testimonial evidence showed police response and government measures, therefore the claimant is neither a Convention refugee nor a person in need of protection.
Court Disposition
Refugee protection claim rejected; claimant not a Convention refugee and not a person in need of protection
Full Case Text
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