MA8-12447

MA8-12447

The claimant's allegations were found not credible or plausible, she failed to rebut the presumption of available state protection with clear and convincing evidence, and documentary evidence showed legal remedies and protective measures in Kazakhstan; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
MA8-12447
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Me Mitchell Goldberg; Panel/tribunal: Me Michael Hamelin; Tribunal Officer: Nicolas Nolin; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 May 2010
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Credibility Assessment, Convention Refugee Status, Domestic Violence, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Violence State Protection Credibility Assessment Convention Refugee Status Domestic Violence +1 more

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Parties

XXXXX XXXXX

Claimant

Me Mitchell Goldberg

Claimant's Counsel

Me Michael Hamelin

Panel/tribunal

Nicolas Nolin

Tribunal Officer

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection (risk to life/cruel and unusual treatment/torture)
  3. 3 Whether state protection in Kazakhstan was available and effective

Ratio Decidendi

The claimant's allegations were found not credible or plausible, she failed to rebut the presumption of available state protection with clear and convincing evidence, and documentary evidence showed legal remedies and protective measures in Kazakhstan; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim denied