VB2-03610

VB2-03610

The claimant failed to rebut the presumption that Kosovo can provide effective state protection; available laws, institutions and remedies (police, courts, protection orders, shelters and victim services) make it objectively reasonable for her to seek protection, so she is neither a Convention refugee nor a person in need of protection under the Act.

Citation
VB2-03610
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Hearing and Decision (de Novo)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) of the Immigration and Refugee Protection Act
Legal Topics
State Protection, Gender Based Persecution, Domestic Violence, Forced Marriage, Credibility and Fraud
Source Language
English
Immigration Law Refugee Law Human Rights Law Family Law State Protection Gender Based Persecution Domestic Violence Forced Marriage +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Hearing and Decision (de Novo)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96
  2. 2 Whether the claimant is a person in need of protection under s.97(1)
  3. 3 Whether Kosovo provides effective state protection for victims of gender-based violence

Ratio Decidendi

The claimant failed to rebut the presumption that Kosovo can provide effective state protection; available laws, institutions and remedies (police, courts, protection orders, shelters and victim services) make it objectively reasonable for her to seek protection, so she is neither a Convention refugee nor a person in need of protection under the Act.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) of the Immigration and Refugee Protection Act

Orders

  • Claim dismissed; no protection granted