TB1-13792

TB1-13792

On the balance of probabilities the tribunal found the claimant credible, her failure to seek state protection for much of the abuse was reasonable given her age, family and cultural context, and documentary evidence established that Georgian state protection was inadequate in practice; therefore she and her children would face a risk of persecution on return and qualify as Convention refugees.

Citation
TB1-13792
Parties
Claimant: XXXXX XXXXXX XXXXX; Minor Claimant: XXXXXX XXXXX XXXXXX; Minor Claimant: XXXXX XXXXXX (a.k.a. XXXXX XXXXXXXXXXX XXXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 November 2013
Procedural Posture
Refugee Protection (irpa Ss.96 & 97(1)) / Decision at RPD Hearing (oral Decision Sept 18, 2013) and Written Reasons (nov 13, 2013)
Outcome
Claim accepted; claimants found to be Convention refugees
Legal Topics
State Protection, Domestic Violence, Convention Refugee Status, Gender Based Persecution
Source Language
English
Immigration Refugee Law Human Rights State Protection Domestic Violence Convention Refugee Status Gender Based Persecution

Case Brief

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Parties

XXXXX XXXXXX XXXXX

Claimant

XXXXXX XXXXX XXXXXX

Minor Claimant

XXXXX XXXXXX (a.k.a. XXXXX XXXXXXXXXXX XXXXXX)

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 & 97(1)) / Decision at RPD Hearing (oral Decision Sept 18, 2013) and Written Reasons (nov 13, 2013)

Legal Issues

  1. 1 Whether state protection in Georgia was available and adequate
  2. 2 Whether the claimant made reasonable efforts to seek state protection
  3. 3 Whether the claimant faces a risk of persecution on return

Ratio Decidendi

On the balance of probabilities the tribunal found the claimant credible, her failure to seek state protection for much of the abuse was reasonable given her age, family and cultural context, and documentary evidence established that Georgian state protection was inadequate in practice; therefore she and her children would face a risk of persecution on return and qualify as Convention refugees.

Court Disposition

Claim accepted; claimants found to be Convention refugees

Orders

  • Refugee protection granted to the claimants
  • Oral decision rendered September 18, 2013; written reasons issued November 13, 2013