TA7-14884

TA7-14884

The claimant failed to rebut the presumption of state protection because she was not diligent in seeking available police and court remedies and the objective country evidence shows effective state institutions and domestic remedies; therefore removal to Saint Lucia would not expose her to a risk of death, torture or cruel and unusual treatment and the claim is rejected.

Citation
TA7-14884
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Dependent Minor Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 March 2010
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (merits)
Outcome
Claim rejected; principal claimant and dependent minor are not Convention refugees and are not in need of protection.
Legal Topics
State Protection, Gender Based Persecution, Domestic Violence, Protection Orders, Burden of Proof
Source Language
English
Immigration and Refugee Law Administrative Law Family Law State Protection Gender Based Persecution Domestic Violence Protection Orders Burden of Proof

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Dependent Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether state protection was available and effective in Saint Lucia
  3. 3 Whether the claimant was diligent in seeking state protection

Ratio Decidendi

The claimant failed to rebut the presumption of state protection because she was not diligent in seeking available police and court remedies and the objective country evidence shows effective state institutions and domestic remedies; therefore removal to Saint Lucia would not expose her to a risk of death, torture or cruel and unusual treatment and the claim is rejected.

Court Disposition

Claim rejected; principal claimant and dependent minor are not Convention refugees and are not in need of protection.

Orders

  • Principal claimant's refugee claim is rejected.
  • Dependent minor claimant's refugee claim is rejected.