TA8-01124

The claimant failed to rebut the presumption of adequate state protection in El Salvador and Guatemala with clear and convincing evidence and failed to show IFA in Guatemala would be unreasonable; credibility concerns further weakened the claim; therefore she is neither a Convention refugee nor a person in need of protection under IRPA ss.96 and 97(1).

Citation: TA8-01124
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 June 2010
Procedural Posture: Refugee Protection Claim (irpa Ss.96,97) / Decision (refusal)
Outcome: Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics: Convention Refugee, Person in Need of Protection, Domestic Violence, Internal Flight Alternative, State Protection, Multiple Nationality
Source Language: English

Immigration and Refugee Protection Gender Based Persecution State Protection Internal Flight Alternative Convention Refugee Person in Need of Protection Domestic Violence Multiple Nationality

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision (refusal)

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant is a person in need of protection
3 Whether adequate state protection exists in El Salvador or Guatemala

Ratio Decidendi

Court Disposition

Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

Refugee Protection Division decision dated June 8, 2010: claim rejected