TA8-24184

Because Jordan is a functioning state that demonstrates serious efforts against terrorism and the claimant did not provide clear and convincing evidence that state protection was unavailable or inadequate and did not seek police assistance, the presumption of state protection stands and the claimant is not a Convention refugee nor a person in need of protection.

Citation: TA8-24184
Parties: Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 December 2010
Procedural Posture: Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision on Claim (refugee Protection Division)
Outcome: Claim denied; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: State Protection, Convention Refugee, Protection Claim, Terrorism, Credibility, Burden of Proof
Source Language: English

Immigration Law Refugee Law Administrative Law Criminal Law National Security Law State Protection Convention Refugee Protection Claim +3 more

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2

Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision on Claim (refugee Protection Division)

Legal Issues

1 Whether claimant qualifies as a Convention refugee
2 Whether claimant qualifies as a person in need of protection
3 Whether state protection was available and adequate in Jordan

Ratio Decidendi

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection.