TA5-11769

TA5-11769

The Board found that documentary evidence establishes that El Salvador is able and willing to provide protection for victims of gang violence and that the claimants failed to rebut the presumption of state protection and failed to establish credibility; therefore they are not Convention refugees nor persons in need of protection and face no serious risk of torture, risk to life, or cruel and unusual treatment on return.

Citation
TA5-11769
Parties
Claimant: XXXXX XXXX; Claimant: XXXXX XXXXX XXXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision on Merits
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection; removal to El Salvador not likely to subject them personally to persecution, risk to life, cruel and unusual treatment or torture.
Legal Topics
State Protection, Credibility, Persecution, Torture, Risk to Life, Abuse of Process, Gang Violence, Summons and Cooperation With Police
Source Language
English
Refugee Protection Immigration Human Rights Criminal Law State Protection Credibility Persecution Torture +4 more

Case Brief

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Parties

XXXXX XXXX

Claimant

XXXXX XXXXX XXXXX (a.k.a. XXXX XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision on Merits

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Whether state protection in El Salvador is available and effective
  3. 3 Credibility of claimants' testimony and consistency with documentary evidence

Ratio Decidendi

The Board found that documentary evidence establishes that El Salvador is able and willing to provide protection for victims of gang violence and that the claimants failed to rebut the presumption of state protection and failed to establish credibility; therefore they are not Convention refugees nor persons in need of protection and face no serious risk of torture, risk to life, or cruel and unusual treatment on return.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection; removal to El Salvador not likely to subject them personally to persecution, risk to life, cruel and unusual treatment or torture.