VA8-01008

The claimant failed to rebut the presumption of state protection by clear and convincing evidence because country documentation showed functioning institutional mechanisms and the claimant provided no sufficient reason for failing to seek domestic protection or to use third parties; therefore she is not a person in need of refugee protection under ss.96 or 97 of the Act.

Citation: VA8-01008
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 January 2010
Procedural Posture: Refugee Protection Claim / Decision
Outcome: claim rejected; claimant is not a person in need of refugee protection
Legal Topics: Particular Social Group, Gender, Sexual Orientation, Lesbian, Forced Marriage, Custom, Persecution by Family Members, State Protection, Internal Protection Alternative, Human Rights, Female, Namibia, Negative Decision
Source Language: English

Refugee Protection Immigration Law Human Rights Particular Social Group Gender Sexual Orientation Lesbian Forced Marriage +7 more

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

1 whether claimant is a person in need of refugee protection
2 whether claimant rebutted presumption of state protection
3 whether membership of a particular social group (lesbian) gives rise to a well-founded fear of persecution

Ratio Decidendi

Court Disposition

claim rejected; claimant is not a person in need of refugee protection