MA3-02865

MA3-02865

Because documentary country evidence and the claimants' testimony indicated effective state mechanisms in Costa Rica and the claimants failed to provide clear and convincing proof of the state's inability or unwillingness to protect them or to exhaust available remedies, the Panel concluded they are neither Convention refugees nor persons in need of protection.

Citation
MA3-02865
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXX; Claimant's Counsel: Me Michael Goldstein; Panel Member: Me Sylvie Lévesque; Refugee Protection Officer: Refugee Protection Officer; Designated Representative: XXXXXXXXXXXXXXXXXXXX; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 May 2004
Procedural Posture
Asylum/refugee Protection Claim / Decision After Hearing
Outcome
Asylum claims denied; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Corruption, Criminality, Exhaustion of Local Remedies, Burden of Proof, Negative Decision
Source Language
English
Immigration Refugee Law Administrative Law State Protection Corruption Criminality Exhaustion of Local Remedies Burden of Proof +1 more

Case Brief

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Parties

XXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXX

Claimant

Me Michael Goldstein

Claimant's Counsel

Me Sylvie Lévesque

Panel Member

Refugee Protection Officer

Refugee Protection Officer

XXXXXXXXXXXXXXXXXXXX

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Asylum/refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection under s.97 of IRPA
  3. 3 Whether effective state protection was available in Costa Rica

Ratio Decidendi

Because documentary country evidence and the claimants' testimony indicated effective state mechanisms in Costa Rica and the claimants failed to provide clear and convincing proof of the state's inability or unwillingness to protect them or to exhaust available remedies, the Panel concluded they are neither Convention refugees nor persons in need of protection.

Court Disposition

Asylum claims denied; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Claims dismissed; removal not barred by refugee protection provisions under ss.96-97 IRPA