TB2-08004

TB2-08004

On the balance of probabilities the claimant failed to rebut the availability of effective state protection in Saint Lucia, her evidence contained material inconsistencies and lacked independent corroboration, and the psychological report was given little weight; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TB2-08004
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 June 2018
Procedural Posture
Refugee Protection Claim Under Sections 96 and 97 of the Immigration and Refugee Protection Act / Hearing Before the Refugee Protection Division; Oral Negative Decision Rendered; Written Reasons Issued
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Domestic Violence, Credibility and Corroboration, Admissibility and Weight of Expert Reports
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Domestic Violence Credibility and Corroboration +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Sections 96 and 97 of the Immigration and Refugee Protection Act / Hearing Before the Refugee Protection Division; Oral Negative Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether effective state protection was available in Saint Lucia

Ratio Decidendi

On the balance of probabilities the claimant failed to rebut the availability of effective state protection in Saint Lucia, her evidence contained material inconsistencies and lacked independent corroboration, and the psychological report was given little weight; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Claim dismissed