TA5-10364

Claim dismissed because claimant's credibility was undermined by delay and inconsistent evidence and she failed to rebut the presumption of available and adequate state protection in St. Vincent and the Grenadines; therefore she is not a Convention refugee nor a person in need of protection under the IRPA.

Citation: TA5-10364
Parties: Claimant Mother: XXXXX XXXXX XXXXX; Claimant Child: XXXXX XXXXX XXXXX XXXXX; Claimant Child: XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 3 May 2006
Procedural Posture: Refugee Protection Claim / Refugee Protection Division Hearing and Decision
Outcome: Claimants are not Convention refugees and are not persons in need of protection
Legal Topics: State Protection, Delay and Credibility, Membership of a Particular Social Group, Change of Country Circumstances, Risk of Torture, Protection Orders
Source Language: English

Immigration Refugee Law Human Rights Gender Based Violence State Protection Delay and Credibility Membership of a Particular Social Group Change of Country Circumstances +2 more

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Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

XXXXX XXXXX XXXXX

Claimant Mother

XXXXX XXXXX XXXXX XXXXX

Claimant Child

XXXXX XXXXX XXXXX

Claimant Child

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Hearing and Decision

Legal Issues

1 Whether claimant is a Convention refugee as member of particular social group (women abused by stepfather)
2 Whether claimant has a subjective fear of persecution
3 Whether adequate state protection was available in country of origin

Ratio Decidendi

Court Disposition

Claimants are not Convention refugees and are not persons in need of protection