TB0-17105

TB0-17105

Botswana was found to be a functioning democracy with effective policing and mechanisms to address corruption and gender-based violence; the principal claimant unreasonably failed to seek police protection after the alleged arson despite a period of safe separation, therefore state protection was objectively available and the claims fail.

Citation
TB0-17105
Parties
Principal Claimant: XXXXXXXXXXXXXXXXX; Minor Claimant (daughter): XXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2011
Procedural Posture
Refugee Protection (claim Under Immigration and Refugee Protection Act) / Decision (reasons and Decision)
Outcome
Claimants are neither Convention refugees nor persons in need of protection; claims rejected.
Legal Topics
State Protection, Domestic Violence, Gender Related Persecution, Credibility Assessment, Failure to Seek State Protection, Convention Refugee Status, Person in Need of Protection, Chairperson's Guidelines on Women Refugee Claimants
Source Language
English
Immigration and Refugee Law Human Rights Family Law Gender Based Violence Administrative Law State Protection Domestic Violence Gender Related Persecution +5 more

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Parties

XXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXX)

Minor Claimant (daughter)

Procedural Posture

Refugee Protection (claim Under Immigration and Refugee Protection Act) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether adequate state protection existed in Botswana

Ratio Decidendi

Botswana was found to be a functioning democracy with effective policing and mechanisms to address corruption and gender-based violence; the principal claimant unreasonably failed to seek police protection after the alleged arson despite a period of safe separation, therefore state protection was objectively available and the claims fail.

Court Disposition

Claimants are neither Convention refugees nor persons in need of protection; claims rejected.

Orders

  • Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
  • Principal claimant designated as representative of the minor claimant (as recorded by the panel).