VA5-01390

The claimant was found credible and established on the balance of probabilities that he faces a serious risk to life from members of the girlfriend's family and associates; given gang strength, police corruption and the claimant's personal circumstances it was unreasonable to expect him to seek state protection in Honduras; therefore he is a person in need of protection.

Citation: VA5-01390
Parties: Claimant: XXXXX XXXXX XXXXX; Panel Member: Susan French; Refugee Protection Officer: M. Molgat
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 19 June 2006
Procedural Posture: Refugee Protection Claim / Decision on Claim (refugee Protection Division)
Outcome: Claim allowed; claimant found to be a person in need of protection
Legal Topics: Well Founded Fear of Persecution, State Protection, Persecution by Non State Actors, Harassment, Imprisonment, Compelling Reasons
Source Language: English

Refugee Protection Immigration Criminal Offences Family Law Human Rights Well Founded Fear of Persecution State Protection Persecution by Non State Actors +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 3

Parties

XXXXX XXXXX XXXXX

Claimant

Susan French

Panel Member

M. Molgat

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Decision on Claim (refugee Protection Division)

Legal Issues

1 Whether claimant is a person in need of protection
2 Whether state protection was available or reasonably to be expected
3 Whether persecution risk arises from non-state actors and is serious

Ratio Decidendi

Court Disposition

Claim allowed; claimant found to be a person in need of protection

Orders

Claim allowed; claimant declared a person in need of protection