TA5-15181

The claim is rejected because the claimant's testimony was found not credible and inadequately corroborated, she failed to pursue available local remedies, and evidence established that state protection and an internal flight alternative in Nigeria were available, so she is neither a Convention refugee nor a person in need of protection under IRPA.

Citation: TA5-15181
Parties: Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: B. MacLean; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 October 2006
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome: Refugee Protection Division rejects the claim; claimant is not a Convention refugee and not a person in need of protection under subsections 96 and 97(1) of IRPA
Legal Topics: Domestic Violence, Particular Social Group, Forced Marriage, State Protection, Internal Flight Alternative, Credibility, Delay in Claiming
Source Language: English

Immigration and Refugee Law Human Rights Administrative Law Gender Based Violence Domestic Violence Particular Social Group Forced Marriage State Protection +3 more

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

XXXXX XXXXX XXXXX

Claimant

B. MacLean

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

1 credibility of claimant's account
2 delay and lack of corroboration
3 availability of state protection in Nigeria

Ratio Decidendi

Court Disposition

Refugee Protection Division rejects the claim; claimant is not a Convention refugee and not a person in need of protection under subsections 96 and 97(1) of IRPA