TA8-05046

TA8-05046

Although the principal claimant was found credible about past domestic abuse, she failed to make reasonable efforts to obtain state protection over several years and did not provide clear and convincing evidence to rebut the presumption that Saint Lucia can and would provide adequate protection; therefore the claimants are neither Convention refugees nor persons in need of protection under IRPA.

Citation
TA8-05046
Parties
Claimant (principal): XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 October 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision by Refugee Protection Division
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Domestic Violence, Child Claimant, Credibility, Application of Gender Guidelines, Burden of Proof
Source Language
English
Immigration Refugee Law Human Rights Family Law Gender Based Violence State Protection Domestic Violence Child Claimant +3 more

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Parties

XXXX XXXX XXXX

Claimant (principal)

XXXX XXXX XXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection under section 97(1) IRPA
  3. 3 Whether adequate state protection was available in Saint Lucia

Ratio Decidendi

Although the principal claimant was found credible about past domestic abuse, she failed to make reasonable efforts to obtain state protection over several years and did not provide clear and convincing evidence to rebut the presumption that Saint Lucia can and would provide adequate protection; therefore the claimants are neither Convention refugees nor persons in need of protection under IRPA.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the refugee protection claims of the principal claimant and the minor claimant (Decision dated October 19, 2010).