TA9-12791

TA9-12791

Claim dismissed because the feared harm arises from a personal vendetta/criminality and not a Convention ground (no nexus), the claimant's testimony and conduct (delay, lack of corroboration, vagueness) were not credible on a balance of probabilities, and the claimant failed to rebut the presumption of adequate state protection in Saint Vincent with clear and convincing evidence; therefore not a Convention refugee nor person in need of protection.

Citation
TA9-12791
Parties
Claimant: XXXX XXXX XXXX XXX (a.k.a. XXXX XXXX XXXX); Respondent: Canada (Minister); Presiding Member: R. Markovits
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 September 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (oral Reasons July 24, 2013; Written Reasons September 3, 2013)
Outcome
Claim dismissed; refugee protection denied
Legal Topics
Convention Refugee Definition, Nexus to Protected Ground, Credibility Assessment, State Protection / Police Protection, Delay in Claim, Procedure and Disclosure
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Definition Nexus to Protected Ground Credibility Assessment State Protection / Police Protection Delay in Claim +1 more

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Parties

XXXX XXXX XXXX XXX (a.k.a. XXXX XXXX XXXX)

Claimant

Canada (Minister)

Respondent

R. Markovits

Presiding Member

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (oral Reasons July 24, 2013; Written Reasons September 3, 2013)

Legal Issues

  1. 1 Whether claimant's fear is linked to a Convention ground (nexus)
  2. 2 Whether claimant's testimony and conduct are credible
  3. 3 Whether effective state protection exists in St. Vincent

Ratio Decidendi

Claim dismissed because the feared harm arises from a personal vendetta/criminality and not a Convention ground (no nexus), the claimant's testimony and conduct (delay, lack of corroboration, vagueness) were not credible on a balance of probabilities, and the claimant failed to rebut the presumption of adequate state protection in Saint Vincent with clear and convincing evidence; therefore not a Convention refugee nor person in need of protection.

Court Disposition

Claim dismissed; refugee protection denied

Orders

  • Claimant's refugee claim rejected
  • No declaration of Convention refugee status or need for protection granted