TA7-12089

TA7-12089

The tribunal found the claimant's core allegations not credible or insufficiently supported, there was no objective basis to conclude a serious possibility of persecution by the husband, and the documentary record showed state protection in Saint Vincent is reasonably forthcoming and adequate; accordingly the claimant fails to satisfy sections 96 and 97 of the IRPA.

Citation
TA7-12089
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 February 2010
Procedural Posture
Immigration Refugee Protection (irpa) / Decision (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility Assessment, Domestic Violence, Country Conditions (saint Vincent and the Grenadines)
Source Language
English
Immigration Refugee Law Gender Based Violence Administrative Law Convention Refugee Person in Need of Protection State Protection Credibility Assessment +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Immigration Refugee Protection (irpa) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under section 97 of the IRPA
  3. 3 Whether there is an objective basis for fear of persecution

Ratio Decidendi

The tribunal found the claimant's core allegations not credible or insufficiently supported, there was no objective basis to conclude a serious possibility of persecution by the husband, and the documentary record showed state protection in Saint Vincent is reasonably forthcoming and adequate; accordingly the claimant fails to satisfy sections 96 and 97 of the IRPA.

Court Disposition

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

Orders

  • Claim is rejected.
  • No protection granted under section 96 or section 97 of the Immigration and Refugee Protection Act.