TA6-05707

TA6-05707

Claim dismissed: on the balance of probabilities claimant failed to establish a well-founded fear of persecution on a Convention ground and failed to rebut the presumption of adequate state protection in Ukraine; lengthy unexplained delay and lack of evidence of ongoing risk from the ex-husband defeated the claim.

Citation
TA6-05707
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: S. Golden; Adjudicator: Atam Uppal
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2007
Procedural Posture
Refugee Protection – Convention Refugee and Person in Need of Protection Claim / RPD Hearing and Decision (first Instance)
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Well Founded Fear, Delay in Filing, Gender Based Persecution, Domestic Violence, Post Traumatic Stress Disorder
Source Language
English
Immigration Refugee Law Family Law Administrative Law State Protection Well Founded Fear Delay in Filing Gender Based Persecution +2 more

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Parties

XXXXX XXXXX

Claimant

S. Golden

Refugee Protection Officer

Atam Uppal

Adjudicator

Procedural Posture

Refugee Protection – Convention Refugee and Person in Need of Protection Claim / RPD Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether claimant was subject to domestic assault and rape by spouse
  2. 2 Whether claimant has a well-founded fear of persecution on a Convention ground
  3. 3 Whether effective state protection was available in Ukraine

Ratio Decidendi

Claim dismissed: on the balance of probabilities claimant failed to establish a well-founded fear of persecution on a Convention ground and failed to rebut the presumption of adequate state protection in Ukraine; lengthy unexplained delay and lack of evidence of ongoing risk from the ex-husband defeated the claim.

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection