TA8-08050

TA8-08050

On the balance of probabilities the claimant failed to rebut the presumption that South Korea could protect her: she did not take reasonable steps to seek state protection, her four‑month delay undermined her claimed fear, and country evidence shows adequate state responses to domestic violence; therefore the claim fails.

Citation
TA8-08050
Parties
Claimant: Soondeok Yoon; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision (refugee Protection Division)
Outcome
Claim rejected
Legal Topics
Delay in Making Claim, State Protection Availability, Credibility, Compelling Reasons to Avoid State Protection
Source Language
English
Immigration and Refugee Law Domestic Violence Gender Based Persecution State Protection Delay in Making Claim State Protection Availability Credibility Compelling Reasons to Avoid State Protection

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Parties

Soondeok Yoon

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the four-month delay in claiming undermines credibility and subjective fear
  2. 2 Whether state protection in South Korea is available and effective
  3. 3 Whether the claimant took all reasonable steps to seek state protection

Ratio Decidendi

On the balance of probabilities the claimant failed to rebut the presumption that South Korea could protect her: she did not take reasonable steps to seek state protection, her four‑month delay undermined her claimed fear, and country evidence shows adequate state responses to domestic violence; therefore the claim fails.

Court Disposition

Claim rejected

Orders

  • Refugee protection claim rejected; no Convention refugee status granted
  • No finding of need for protection under subsection 97(1) of IRPA