TB7-07597

TB7-07597

The claimants received state protection (denunciations were taken, Protection Measure documents issued, police surveillance and escort provided); they failed to rebut the presumption of state protection and therefore did not establish a serious possibility of persecution on a Convention ground nor risk of cruel and unusual treatment or torture if returned.

Citation
TB7-07597
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Spouse / Co Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 June 2017
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Decision (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee Status, Persons in Need of Protection, State Protection, Protection Measures, Credibility
Source Language
English
Immigration Refugee Law State Protection Human Rights Convention Refugee Status Persons in Need of Protection Protection Measures Credibility

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Spouse / Co Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants rebutted the presumption of state protection
  2. 2 Whether the claimants are Convention refugees
  3. 3 Whether the claimants are persons in need of protection

Ratio Decidendi

The claimants received state protection (denunciations were taken, Protection Measure documents issued, police surveillance and escort provided); they failed to rebut the presumption of state protection and therefore did not establish a serious possibility of persecution on a Convention ground nor risk of cruel and unusual treatment or torture if returned.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Claims rejected