TB2-11865

Claimant was found credible but failed to rebut the presumption of adequate state protection in Saint Lucia on a balance of probabilities given documentary evidence of police, family court, Vulnerable Persons Team, statutory remedies and support services; therefore she is not a Convention refugee nor a person in need of protection.

Citation: TB2-11865
Parties: Claimant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 16 July 2013
Procedural Posture: Refugee Protection Claim / Decision on Hearing at Refugee Protection Division
Outcome: Claim rejected; not a Convention refugee and not in need of protection
Legal Topics: State Protection, Domestic Violence, Child Abuse, Credibility Assessment, Well Founded Fear, Protection Orders, Gender Based Persecution
Source Language: English

Immigration Refugee Law Child Protection Family Law Criminal Law State Protection Domestic Violence Child Abuse +4 more

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Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Hearing at Refugee Protection Division

Legal Issues

1 Whether claimant is a Convention refugee
2 Whether state protection is available in Saint Lucia
3 Whether claimant faces risk to life or cruel and unusual treatment on return

Ratio Decidendi

Court Disposition

Claim rejected; not a Convention refugee and not in need of protection