MA9-07056

MA9-07056

Claim rejected because objective country evidence did not support that forced or arranged marriage is a systemic risk in Vietnam, the claimant produced no corroboration and failed to rebut the presumption of available state protection; additionally an internal flight alternative (Hanoi) was found reasonable, so no well‑founded fear existed under ss.96‑97 IRPA.

Citation
MA9-07056
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2011
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found manifestly unfounded.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Particular Social Group, Forced/arranged Marriage, Internal Flight Alternative, State Protection, Credibility
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Refugee Protection Convention Refugee Person in Need of Protection Particular Social Group Forced/arranged Marriage +3 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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXXXXXXXXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant has an objectively well‑founded fear of persecution based on forced/arranged marriage as a member of a particular social group
  2. 2 Credibility of claimant's allegations and need for objective corroboration
  3. 3 Availability of state protection in country of origin

Ratio Decidendi

Claim rejected because objective country evidence did not support that forced or arranged marriage is a systemic risk in Vietnam, the claimant produced no corroboration and failed to rebut the presumption of available state protection; additionally an internal flight alternative (Hanoi) was found reasonable, so no well‑founded fear existed under ss.96‑97 IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found manifestly unfounded.

Orders

  • Claim rejected; no protection granted; claim declared manifestly unfounded.