TA8-01945

TA8-01945

On a balance of probabilities the claimant failed to rebut the presumption that South Korea can provide adequate protection: she delayed filing, gave inconsistent and omitted testimony and produced little corroborative evidence; objective country evidence shows South Korea makes serious efforts to protect victims of domestic violence; therefore state protection is available and the refugee claim fails.

Citation
TA8-01945
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 December 2009
Procedural Posture
Refugee Protection Claim / Final Determination After Merits Hearing
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Domestic Violence, Gender Based Persecution, Credibility, Delay in Filing Claim, Medical Evidence (ptsd), Omissions in Personal Information Form
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Domestic Violence Gender Based Persecution Credibility Delay in Filing Claim +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Determination After Merits Hearing

Legal Issues

  1. 1 Whether claimant's delay in making the claim undermines subjective fear
  2. 2 Credibility of claimant given inconsistencies and omissions
  3. 3 Whether effective state protection was available in South Korea

Ratio Decidendi

On a balance of probabilities the claimant failed to rebut the presumption that South Korea can provide adequate protection: she delayed filing, gave inconsistent and omitted testimony and produced little corroborative evidence; objective country evidence shows South Korea makes serious efforts to protect victims of domestic violence; therefore state protection is available and the refugee claim fails.

Court Disposition

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

Orders

  • Refugee claim rejected