MA8-16251

MA8-16251

The claimant failed to prove by clear and convincing evidence that Moldovan authorities are unable or unwilling to protect her; her returns to Moldova and failure to seek refuge in the US undermined a well-founded fear of persecution, so she is not a Convention refugee nor a person in need of protection.

Citation
MA8-16251
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1)(b).
Legal Topics
State Protection, Domestic Violence, Credibility, Convention Refugee Status, Sojourning/reavailment, Failure to Seek Protection in Third Country
Source Language
English
Immigration Refugee Law Human Rights Criminal Law (mental Health) State Protection Domestic Violence Credibility Convention Refugee Status +2 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA or a person in need of protection under s.97(1)(b)
  2. 2 Whether harm from a non-state actor (ex-boyfriend with mental illness) constitutes persecution on a Convention ground
  3. 3 Whether Moldovan authorities are unable or unwilling to provide adequate state protection

Ratio Decidendi

The claimant failed to prove by clear and convincing evidence that Moldovan authorities are unable or unwilling to protect her; her returns to Moldova and failure to seek refuge in the US undermined a well-founded fear of persecution, so she is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1)(b).