TB6-07419

TB6-07419

The Appellants failed to rebut the presumption of adequate state protection with clear and convincing evidence; the documentary and case-specific evidence shows the United Kingdom provides adequate and effective protection to victims of domestic violence, therefore the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
TB6-07419
Parties
Principal Appellant: XXXX XXXX XXXXXXXXXXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 September 2016
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed under subsection 111(1)(a) IRPA
Legal Topics
State Protection, Internal Flight Alternative, Domestic Violence, Standard of Review (correctness)
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Internal Flight Alternative Domestic Violence Standard of Review (correctness)

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Appellants are persons in need of protection
  3. 3 Whether the United Kingdom provides adequate state protection to the Appellants

Ratio Decidendi

The Appellants failed to rebut the presumption of adequate state protection with clear and convincing evidence; the documentary and case-specific evidence shows the United Kingdom provides adequate and effective protection to victims of domestic violence, therefore the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed under subsection 111(1)(a) IRPA

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed