MA9-07148

MA9-07148

On the balance of probabilities the panel found no objective basis for a well‑founded fear: claimant stayed in Saint Vincent after the incidents, provided inadequate documentary evidence, and the dispute is likely to be resolved through divorce/legal channels; documentary evidence and case law support that Saint Vincent provides adequate state protection, therefore claimant is neither a Convention refugee nor a person in need of protection.

Citation
MA9-07148
Parties
Claimant: XXXX XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 October 2010
Procedural Posture
Refugee Protection Claim Under IRPA / RPD Hearing and Decision (first Instance)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Reavailment, Domestic Violence, Burden of Proof, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Family Law (domestic) Convention Refugee Person in Need of Protection State Protection Reavailment +3 more

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Parties

XXXX XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / RPD Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether there is an objective basis to the claimant's fear

Ratio Decidendi

On the balance of probabilities the panel found no objective basis for a well‑founded fear: claimant stayed in Saint Vincent after the incidents, provided inadequate documentary evidence, and the dispute is likely to be resolved through divorce/legal channels; documentary evidence and case law support that Saint Vincent provides adequate state protection, therefore claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim rejected