TA3-19536

TA3-19536

The panel accepted the claimant's credible evidence, found a nexus to the Convention ground (victim of gender violence), identified the stepfather (a police officer) as the agent of persecution, and on the basis of documentary evidence and the claimant's experience concluded the Bolivian state is unwilling or unable to provide effective protection and there is no viable internal flight alternative; therefore the claimant is a Convention refugee.

Citation
TA3-19536
Parties
Claimant: XXXXXXXXXXXXX; Refugee Protection Officer: S. Marchant; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 May 2005
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim allowed; claimant determined to be a Convention refugee.
Legal Topics
Gender Related Persecution, Sexual Abuse, Domestic Violence, State Protection, Internal Flight Alternative, Particular Social Group
Source Language
English
Immigration Refugee Law Human Rights Gender Related Persecution Sexual Abuse Domestic Violence State Protection Internal Flight Alternative +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXXXXXXXXXX

Claimant

S. Marchant

Refugee Protection Officer

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Nexus to a Convention ground (particular social group - victims of gender violence)
  3. 3 Identification of agent of persecution

Ratio Decidendi

The panel accepted the claimant's credible evidence, found a nexus to the Convention ground (victim of gender violence), identified the stepfather (a police officer) as the agent of persecution, and on the basis of documentary evidence and the claimant's experience concluded the Bolivian state is unwilling or unable to provide effective protection and there is no viable internal flight alternative; therefore the claimant is a Convention refugee.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee.

Orders

  • Claimant determined to be a Convention refugee.