TA5-09806

TA5-09806

On the balance of probabilities the panel accepted that the rape occurred but found the claimant's account and claim of a real future risk not credible enough to establish persecution or a risk to life: the long unexplained delay, minimal disclosure and corroboration, absence of harm during the period the perpetrator could have acted, and lack of evidence of inability or unwillingness of Saint Lucian authorities to protect the claimant meant she is neither a Convention refugee nor a person in need of protection.

Citation
TA5-09806
Parties
Claimant: XXXXXX XXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 March 2006
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Hearing Under S.170(b) of Irpa; Decision
Outcome
Refugee claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Rape, Convention Refugee Claim, Persecution Risk, State Protection, Delay in Making Claim, Credibility Assessment
Source Language
English
Immigration Refugee Law Gender Based Violence Rape Convention Refugee Claim Persecution Risk State Protection Delay in Making Claim +1 more

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Parties

XXXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Hearing Under S.170(b) of Irpa; Decision

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under IRPA
  3. 3 Credibility of the claimant's account

Ratio Decidendi

On the balance of probabilities the panel accepted that the rape occurred but found the claimant's account and claim of a real future risk not credible enough to establish persecution or a risk to life: the long unexplained delay, minimal disclosure and corroboration, absence of harm during the period the perpetrator could have acted, and lack of evidence of inability or unwillingness of Saint Lucian authorities to protect the claimant meant she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Refugee claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim dismissed