TB0-07370

TB0-07370

On the balance of probabilities the principal claimant's key allegations lacked credibility, documentary support was weak, and available country evidence demonstrated that El Salvador had functioning measures to combat gangs; accordingly the claimant failed to rebut the presumption of state protection with clear and convincing evidence and the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-07370
Parties
Principal Claimant: XXXX XXXXXX XXXXXX XXXXX; Co Claimant (spouse): XXXX XXXXXX XXXXXX XXXXX; Minor Claimant (child): XXXX XXXXXX XXXXXX XXXXX; Designated Representative: XXXX XXXXXX XXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2011
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division
Outcome
Claims rejected
Legal Topics
State Protection, Extortion, Gang Violence, Credibility Assessment, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration and Refugee Protection Administrative Law Criminal Law (context of Gang Activity) State Protection Extortion Gang Violence Credibility Assessment Convention Refugee +1 more

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Parties

XXXX XXXXXX XXXXXX XXXXX

Principal Claimant

XXXX XXXXXX XXXXXX XXXXX

Co Claimant (spouse)

XXXX XXXXXX XXXXXX XXXXX

Minor Claimant (child)

XXXX XXXXXX XXXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection under IRPA
  3. 3 Whether state protection in El Salvador was available and effective

Ratio Decidendi

On the balance of probabilities the principal claimant's key allegations lacked credibility, documentary support was weak, and available country evidence demonstrated that El Salvador had functioning measures to combat gangs; accordingly the claimant failed to rebut the presumption of state protection with clear and convincing evidence and the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims of the principal claimant, the co-claimant and the minor claimants
  • Claimants determined to be neither Convention refugees nor persons in need of protection