TA5-13086

TA5-13086

Although the panel found the claimants credible on the facts, they failed to demonstrate nexus to a Convention ground and failed to rebut the presumption of effective state protection in St. Vincent; therefore there is no well‑founded fear of persecution and the refugee claims are rejected.

Citation
TA5-13086
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 March 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claims rejected
Legal Topics
State Protection, Nexus to Convention Grounds, Harassment, Agents of Persecution, Family Violence, Credibility
Source Language
English
Immigration Law Refugee Law Public Law State Protection Nexus to Convention Grounds Harassment Agents of Persecution Family Violence +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimants
  2. 2 Availability of state protection in St. Vincent
  3. 3 Whether persecution is linked to a Convention ground (nexus)

Ratio Decidendi

Although the panel found the claimants credible on the facts, they failed to demonstrate nexus to a Convention ground and failed to rebut the presumption of effective state protection in St. Vincent; therefore there is no well‑founded fear of persecution and the refugee claims are rejected.

Court Disposition

Claims rejected

Orders

  • Claims rejected