TA2-24885

TA2-24885

The claim fails because the claimant did not seek available state protection, her unexplained delays in leaving Ecuador and filing the claim undermined her credibility, documentary evidence shows legal mechanisms and steps taken by Ecuador to address violence against women and there is no convincing evidence of a real risk of persecution or of torture/cruel treatment on return; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA2-24885
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 September 2005
Procedural Posture
Immigration Refugee Protection Claim / Hearing and Decision (s.170(b) Irpa)
Outcome
Claim dismissed; claimant not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility, Delay in Filing, Violence Against Women, Sexual Assault
Source Language
English
Immigration Refugee Law Administrative Law Gender Based Violence Convention Refugee State Protection Internal Flight Alternative Credibility +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Immigration Refugee Protection Claim / Hearing and Decision (s.170(b) Irpa)

Legal Issues

  1. 1 State protection adequacy
  2. 2 Credibility of claimant
  3. 3 Delay in leaving country and filing claim

Ratio Decidendi

The claim fails because the claimant did not seek available state protection, her unexplained delays in leaving Ecuador and filing the claim undermined her credibility, documentary evidence shows legal mechanisms and steps taken by Ecuador to address violence against women and there is no convincing evidence of a real risk of persecution or of torture/cruel treatment on return; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant not a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed
  • No protection granted under IRPA; removal to Ecuador not prevented by this decision