TA2-02714

TA2-02714

The panel found the claimant credible, accepted her evidence that police and support services in Saint Lucia were inconsistent and ineffective in practice, and concluded that adequate state protection was not available; because there is a reasonable chance she would face gender‑based persecution on return, she qualifies as a Convention refugee.

Citation
TA2-02714
Parties
Claimant: XXXXXXXXXXXXXXXXXX; Respondent: Refugee Protection Officer; Decision‑maker: Fay Sims
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 May 2003
Procedural Posture
Refugee Protection Claim / Final Decision After Hearing
Outcome
Claimant recognized as a Convention refugee
Legal Topics
Domestic Violence, State Protection, Convention Refugee Status, Particular Social Group, Credibility
Source Language
English
Immigration Refugee Law Human Rights Gender‑based Violence Domestic Violence State Protection Convention Refugee Status Particular Social Group +1 more

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Parties

XXXXXXXXXXXXXXXXXX

Claimant

Refugee Protection Officer

Respondent

Fay Sims

Decision‑maker

Procedural Posture

Refugee Protection Claim / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee based on gender‑related persecution
  2. 2 Whether effective state protection is available in Saint Lucia
  3. 3 Credibility of the claimant's testimony

Ratio Decidendi

The panel found the claimant credible, accepted her evidence that police and support services in Saint Lucia were inconsistent and ineffective in practice, and concluded that adequate state protection was not available; because there is a reasonable chance she would face gender‑based persecution on return, she qualifies as a Convention refugee.

Court Disposition

Claimant recognized as a Convention refugee

Orders

  • Claimant determined to be a Convention refugee by the Refugee Protection Division