MA6-05847

MA6-05847

The claimant's testimony was not credible or plausible and she failed to demonstrate, by clear and convincing evidence, that effective state protection in Jamaica was unavailable; accordingly she did not establish a well-founded fear of persecution nor meet the s.97 threshold, and the claim was dismissed.

Citation
MA6-05847
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 April 2010
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Decision
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Imputed Political Opinion, Membership of a Particular Social Group, State Protection, Credibility Assessment, Risk to Life, Risk of Torture or Cruel and Unusual Treatment, Violence Against Women, Employment Related Persecution, Denunciation and Fraud
Source Language
English
Immigration Law Refugee Law Administrative Law Imputed Political Opinion Membership of a Particular Social Group State Protection Credibility Assessment Risk to Life +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution as a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97 of the IRPA
  3. 3 Whether state protection in Jamaica would be inadequate or unavailable

Ratio Decidendi

The claimant's testimony was not credible or plausible and she failed to demonstrate, by clear and convincing evidence, that effective state protection in Jamaica was unavailable; accordingly she did not establish a well-founded fear of persecution nor meet the s.97 threshold, and the claim was dismissed.

Court Disposition

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