MA3-07058

MA3-07058

The claimant's testimony was found credible and plausible, corroborated by documents and country evidence showing widespread child kidnapping and ineffective/corrupt police; the claimant reasonably feared future kidnapping and death and could not rely on state protection, thus satisfying s.97(1) IRPA and establishing he is a person in need of protection.

Citation
MA3-07058
Parties
Claimant: XXXXXX; Claimant's Counsel: Me François Dostaler; Refugee Protection Officer: Refugee Protection Officer; Designated Representative: Mr. Shaha Kumud; Designated Representative: Mrs. Juissa Shikha; Minister's Counsel: Louise Ricard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2004
Procedural Posture
Refugee Protection Claim / Decision (oral Reasons Following Hearing)
Outcome
Claim accepted; claimant found to be a person in need of protection under s.97(1) of the Immigration and Refugee Protection Act
Legal Topics
Person in Need of Protection, Risk to Life, State Protection, Credibility Assessment, Kidnapping for Ransom
Source Language
English
Immigration Refugee Law Human Rights Person in Need of Protection Risk to Life State Protection Credibility Assessment Kidnapping for Ransom

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Parties

XXXXXX

Claimant

Me François Dostaler

Claimant's Counsel

Refugee Protection Officer

Refugee Protection Officer

Mr. Shaha Kumud

Designated Representative

Mrs. Juissa Shikha

Designated Representative

Louise Ricard

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision (oral Reasons Following Hearing)

Legal Issues

  1. 1 Whether claimant is a person in need of protection under s.97(1) of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant's testimony is credible and corroborated
  3. 3 Whether effective state protection was available or could be relied upon

Ratio Decidendi

The claimant's testimony was found credible and plausible, corroborated by documents and country evidence showing widespread child kidnapping and ineffective/corrupt police; the claimant reasonably feared future kidnapping and death and could not rely on state protection, thus satisfying s.97(1) IRPA and establishing he is a person in need of protection.

Court Disposition

Claim accepted; claimant found to be a person in need of protection under s.97(1) of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant granted protection as a person in need of protection under s.97(1) IRPA