MB7-17485

MB7-17485

The claimant was found credible and, given documentary evidence of endemic corruption and the police threats she experienced after reporting her spouse's arrest and naming an influential individual, she successfully rebutted the availability of state protection and meets the statutory test for a person in need of...

Source-derived case information.

Citation
MB7-17485
Parties
Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Protection (irpa) / Refugee Protection Division Hearing and Decision
Outcome
Claimant XXXX XXXX XXXX granted protection as a person in need of protection; minor claimants XXXX XXXX XXXX and XXXX XXXX XXXX XXXX denied protection
Legal Topics
Person in Need of Protection, Convention Refugee, State Protection, Internal Flight Alternative, Credibility, Persecution, Torture, Cruel and Unusual Treatment
Source Language
english
Immigration Law Refugee Law Administrative Law Person in Need of Protection Convention Refugee State Protection Internal Flight Alternative Credibility +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa) / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a person in need of protection under section 97(1) of the IRPA
  2. 2 Whether the minor claimants face a reasonable possibility of persecution on a Convention ground
  3. 3 Whether state protection in Chad is available and adequate

Ratio Decidendi

The claimant was found credible and, given documentary evidence of endemic corruption and the police threats she experienced after reporting her spouse's arrest and naming an influential individual, she successfully rebutted the availability of state protection and meets the statutory test for a person in need of protection; by contrast, there was insufficient evidence that the minor claimants personally face persecution or, on the balance of probabilities, risk of torture, death or cruel and unusual treatment, so their claims fail.

Court Disposition

Claimant XXXX XXXX XXXX granted protection as a person in need of protection; minor claimants XXXX XXXX XXXX and XXXX XXXX XXXX XXXX denied protection

Orders

  • Refugee protection claim of XXXX XXXX XXXX is allowed.
  • Refugee protection claims of minor claimants XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are rejected.