TB1-00675

TB1-00675

The claimant failed to establish on a balance of probabilities that she faces a serious possibility of persecution in Namibia because effective state protection and NGO supports exist and a viable internal flight alternative was available; therefore she is not a Convention refugee nor in need of protection.

Citation
TB1-00675
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 March 2014
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Gender Based Violence, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee State Protection Internal Flight Alternative Gender Based Violence Credibility Assessment

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether effective state protection was available in Namibia
  3. 3 Whether a viable internal flight alternative (IFA) existed

Ratio Decidendi

The claimant failed to establish on a balance of probabilities that she faces a serious possibility of persecution in Namibia because effective state protection and NGO supports exist and a viable internal flight alternative was available; therefore she is not a Convention refugee nor in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim.