TA7-12190

TA7-12190

The panel found the claimant not credible and concluded she failed to rebut the presumption of effective state protection in Saint Vincent by clear and convincing evidence; therefore her claim for refugee protection under IRPA ss.96 and 97 was rejected.

Citation
TA7-12190
Parties
Claimant: XXXXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 November 2008
Procedural Posture
Refugee Protection RPD Hearing / Decision After Hearing
Outcome
Claimant's refugee protection claim rejected
Legal Topics
Credibility, State Protection, Sexual Abuse, Persecution, IRPA S.96, IRPA S.97, Risk of Torture, Violence Against Women, Gender Guidelines
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Human Rights Gender Based Violence Credibility State Protection Sexual Abuse +6 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection RPD Hearing / Decision After Hearing

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Availability of state protection in Saint Vincent
  3. 3 Whether alleged harm amounts to persecution for a Convention ground

Ratio Decidendi

The panel found the claimant not credible and concluded she failed to rebut the presumption of effective state protection in Saint Vincent by clear and convincing evidence; therefore her claim for refugee protection under IRPA ss.96 and 97 was rejected.

Court Disposition

Claimant's refugee protection claim rejected