TA8-24473

The claimant did not take all reasonable steps to seek state protection, failed to follow up with authorities, and did not rebut the presumption of adequate state protection in Guyana on the balance of probabilities; therefore he is neither a Convention refugee nor a person in need of protection.

Citation: TA8-24473
Parties: Claimant: XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 1 October 2010
Procedural Posture: Refugee Protection Claim (irpa Ss.96 97) / Hearing and Final Decision (refugee Protection Division)
Outcome: Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.
Legal Topics: State Protection, Convention Refugee Status, Risk Assessment, Exhaustion of Local Remedies, Police Conduct, Threats, Drug Trafficking
Source Language: English

Immigration Law Refugee Law Administrative Law Criminal Law State Protection Convention Refugee Status Risk Assessment Exhaustion of Local Remedies +3 more

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Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4

Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Final Decision (refugee Protection Division)

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant is a person in need of protection under s.97(1) IRPA
3 Whether Guyana provides adequate state protection

Ratio Decidendi

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.