TA9-11038

TA9-11038

Claimant did not provide clear and convincing evidence that Saint Vincent authorities would not be reasonably forthcoming with serious efforts to protect her if returned; country documents were mixed and the claimant's last reported police complaint was remote in time, so the presumption of state protection stands and refugee/protection status is denied.

Citation
TA9-11038
Parties
Claimant: XXXXX XXXXXXX XXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 February 2011
Procedural Posture
Refugee Protection / Decision Following Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, State Protection Presumption, Women Refugee Claimants, Country Evidence
Source Language
English
Immigration and Refugee Law Domestic Violence State Protection Convention Refugee State Protection Presumption Women Refugee Claimants Country Evidence

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Parties

XXXXX XXXXXXX XXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision Following Hearing

Legal Issues

  1. 1 Whether Saint Vincent would provide adequate state protection to the claimant
  2. 2 Whether the claimant has rebutted the presumption of state protection with clear and convincing evidence
  3. 3 Application of guidelines for women refugee claimants and relevance of country documents

Ratio Decidendi

Claimant did not provide clear and convincing evidence that Saint Vincent authorities would not be reasonably forthcoming with serious efforts to protect her if returned; country documents were mixed and the claimant's last reported police complaint was remote in time, so the presumption of state protection stands and refugee/protection status is denied.

Court Disposition

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

Orders

  • Protection claim denied