TA7-02639

TA7-02639

The panel concluded that the claimant's testimony lacked sufficient credibility and that adequate state protection exists in Saint Vincent and the Grenadines such that her fear is not objectively well-founded; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA7-02639
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2009
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Decision by Refugee Protection Division (merits Adjudication)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Need for Protection, State Protection, Credibility, Domestic Violence, Sexual Abuse, Delay in Making Claim, Illegal Entry, Women Refugee Guidelines
Source Language
English
Immigration Refugee Law Human Rights Family Law Gender Based Violence Convention Refugee Need for Protection State Protection +6 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Decision by Refugee Protection Division (merits Adjudication)

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution based on gender-related persecution
  2. 2 Whether claimant lacks subjective fear due to delay and conduct
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The panel concluded that the claimant's testimony lacked sufficient credibility and that adequate state protection exists in Saint Vincent and the Grenadines such that her fear is not objectively well-founded; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee claim rejected by Refugee Protection Division
  • No protection granted