TA5-02745

TA5-02745

On the balance of probabilities the male claimant's past harms were criminality and harassment not persecution, his fear is not credible given delay and failure to seek protection in the United States, and state protection in Guyana is available; the female claimant is entitled to seek Guyanese citizenship through marriage under Article 45 and there is no evidence ministerial discretion would bar registration; therefore neither claimant is a Convention refugee nor a person in need of protection.

Citation
TA5-02745
Parties
Male Claimant: XXXXX XXXXX XXXX; Female Claimant: XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 August 2007
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision Following Hearing
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Race Based Persecution, Citizenship by Marriage, Credibility and Delay, Illegal Entry and Sojourning, Obligation to Seek Protection Elsewhere
Source Language
English
Immigration Law Refugee Law Citizenship and Nationality Law Human Rights Law Family Law Administrative Law State Protection Race Based Persecution +4 more

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Parties

XXXXX XXXXX XXXX

Male Claimant

XXXXX XXXX

Female Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision Following Hearing

Legal Issues

  1. 1 Whether state protection was available in Guyana
  2. 2 Whether the incidents alleged amount to persecution or ordinary criminality/harassment
  3. 3 Whether the female claimant has a right to Guyanese citizenship by virtue of marriage

Ratio Decidendi

On the balance of probabilities the male claimant's past harms were criminality and harassment not persecution, his fear is not credible given delay and failure to seek protection in the United States, and state protection in Guyana is available; the female claimant is entitled to seek Guyanese citizenship through marriage under Article 45 and there is no evidence ministerial discretion would bar registration; therefore neither claimant is a Convention refugee nor a person in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection