TB0-02682

TB0-02682

The claimant failed to rebut the presumption of adequate state protection in El Salvador by clear and convincing evidence, failed to take all reasonable steps to seek protection, and lacked credible and sufficiently serious subjective fear; accordingly she is neither a Convention refugee nor a person in need of protection under sections 96 or 97 IRPA.

Citation
TB0-02682
Parties
Principal Claimant: XXXXXX XXXXX XXXXXX XXXXX; Co Claimant (spouse): XXXXXX XXXXXX XXXXX; Co Claimant (parent): XXXXXX XXXXXX XXXXX; Co Claimant (parent): XXXX XXXX XXXXXX XX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 July 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Claims rejected; principal claimant found not to be a Convention refugee nor a person in need of protection and joined claimants' claims fail as dependent.
Legal Topics
State Protection, Well Founded Fear, Convention Refugee, Burden of Proof, Credibility Findings, Country Conditions, Gang Violence, Domestic Violence
Source Language
English
Refugee Law Immigration Law Human Rights Criminal Law/public Security State Protection Well Founded Fear Convention Refugee Burden of Proof +4 more

Case Brief

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Parties

XXXXXX XXXXX XXXXXX XXXXX

Principal Claimant

XXXXXX XXXXXX XXXXX

Co Claimant (spouse)

XXXXXX XXXXXX XXXXX

Co Claimant (parent)

XXXX XXXX XXXXXX XX XXXXXXX

Co Claimant (parent)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or a person in need of protection under sections 96 and 97 IRPA
  2. 2 Whether adequate state protection was available in El Salvador
  3. 3 Whether the claimant took all reasonable steps to seek state protection before fleeing

Ratio Decidendi

The claimant failed to rebut the presumption of adequate state protection in El Salvador by clear and convincing evidence, failed to take all reasonable steps to seek protection, and lacked credible and sufficiently serious subjective fear; accordingly she is neither a Convention refugee nor a person in need of protection under sections 96 or 97 IRPA.

Court Disposition

Claims rejected; principal claimant found not to be a Convention refugee nor a person in need of protection and joined claimants' claims fail as dependent.

Orders

  • Refugee Protection Division rejects the claims of the principal and joined claimants; removal is not stayed by this decision (no stay/order specified in decision text)