TA6-11126

The claimant failed to rebut the presumption that Trinidad and Tobago can provide adequate state protection; on the balance of probabilities the state would take reasonable steps to protect him, therefore he is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of IRPA.

Citation: TA6-11126
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 May 2007
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision
Outcome: Claim for refugee protection rejected; claimant found not to be a Convention refugee nor a person in need of protection.
Legal Topics: State Protection, Domestic Violence, Convention Refugee Status, Person in Need of Protection, Burden of Proof, Family Reunification
Source Language: English

Immigration Refugee Law Administrative Law Family Law Intersection State Protection Domestic Violence Convention Refugee Status Person in Need of Protection +2 more

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision

Legal Issues

1 Whether claimant is a Convention refugee under section 96 IRPA
2 Whether claimant is a person in need of protection under section 97(1) IRPA
3 Whether adequate state protection is available in Trinidad and Tobago

Ratio Decidendi

Court Disposition

Claim for refugee protection rejected; claimant found not to be a Convention refugee nor a person in need of protection.

Orders

Refugee protection claim rejected.