TB1-20236

TB1-20236

The panel accepted the principal claimant's testimony and corroborating evidence, found clear and convincing documentary and testimonial proof that state protection in Saint Lucia is inadequate for victims of domestic violence, and concluded that the principal claimant established a serious possibility of persecution on a Convention refugee ground related to gender and membership in a particular social group; the minor claimant did not meet the required burden.

Citation
TB1-20236
Parties
Principal Claimant (applicant): XXXX XXXX XXXX; Minor Claimant (applicant): XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 August 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division Decision Rendered Orally Aug 17, 2012; Written Reasons Aug 23, 2012)
Outcome
Principal claimant recognized as a Convention refugee; minor claimant's refugee claim and protection claims rejected.
Legal Topics
Gender Based Persecution, Domestic Violence, State Protection, Convention Refugee Status, Particular Social Group
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Domestic Violence State Protection Convention Refugee Status Particular Social Group

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant (applicant)

XXXX XXXX XXXX XXXX

Minor Claimant (applicant)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division Decision Rendered Orally Aug 17, 2012; Written Reasons Aug 23, 2012)

Legal Issues

  1. 1 Credibility of principal claimant
  2. 2 Adequacy of state protection in Saint Lucia for victims of domestic violence
  3. 3 Whether principal and minor meet threshold for convention refugee status

Ratio Decidendi

The panel accepted the principal claimant's testimony and corroborating evidence, found clear and convincing documentary and testimonial proof that state protection in Saint Lucia is inadequate for victims of domestic violence, and concluded that the principal claimant established a serious possibility of persecution on a Convention refugee ground related to gender and membership in a particular social group; the minor claimant did not meet the required burden.

Court Disposition

Principal claimant recognized as a Convention refugee; minor claimant's refugee claim and protection claims rejected.

Orders

  • Principal claimant granted refugee protection.
  • Claims of the minor claimant rejected.