TA8-19083

TA8-19083

Because documentary and testimonial evidence established that Jamaica has effective state protection measures (including an effective witness protection program and police action against the perpetrators) and Jamaica is an established democracy, the principal claimant failed to provide clear and convincing evidence that state protection would be unavailable; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
TA8-19083
Parties
Principal Claimant: XXXX XXXX XXXXXX-XXXXXX; Second Claimant (spouse): XXXX XXXX XXXXX; Third Claimant (daughter): XXXXXXX XXXXX XXXXXXX (a.k.a. XXXXXXX XXX XXXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 December 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss. 96 and 97) / Final Decision (reasons and Decision)
Outcome
Refugee Protection Division rejects the claims; principal claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Persecution, Gang Violence, Witness Protection, Family Member Persecution, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Persecution Gang Violence Witness Protection Family Member Persecution +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXXXX-XXXXXX

Principal Claimant

XXXX XXXX XXXXX

Second Claimant (spouse)

XXXXXXX XXXXX XXXXXXX (a.k.a. XXXXXXX XXX XXXXXX)

Third Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss. 96 and 97) / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee or a person in need of protection
  2. 2 Whether adequate state protection exists in Jamaica
  3. 3 Whether the claimant exhausted or reasonably sought domestic remedies

Ratio Decidendi

Because documentary and testimonial evidence established that Jamaica has effective state protection measures (including an effective witness protection program and police action against the perpetrators) and Jamaica is an established democracy, the principal claimant failed to provide clear and convincing evidence that state protection would be unavailable; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Refugee Protection Division rejects the claims; principal claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Principal claimant's claim rejected
  • Second claimant's claim rejected