MA9-09284

MA9-09284

On the balance of probabilities the panel rejected the claimants' evidence as not credible and determined that the principal claimant could avoid the risk by relocating within Saint Vincent and the Grenadines or obtain adequate state protection (previous prosecutions and available criminal justice response), and that the minor could be protected by family or foster care; therefore neither claimant is a convention refugee nor a person in need of protection under IRPA.

Citation
MA9-09284
Parties
Principal Claimant: XXXXXXXXXXXXX; Associated Claimant (brother): XXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2012
Procedural Posture
Refugee Protection Claim / Merits Hearing and Decision
Outcome
Claims denied; claimants are not convention refugees and not persons in need of protection
Legal Topics
State Protection, Gang Violence, Credibility, Extortion, Child Abuse, Internal Flight Alternative
Source Language
English
Immigration Refugee Protection Child Welfare Criminal Law Administrative Law State Protection Gang Violence Credibility +3 more

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Parties

XXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXX

Associated Claimant (brother)

Procedural Posture

Refugee Protection Claim / Merits Hearing and Decision

Legal Issues

  1. 1 Whether claimants are convention refugees under section 96 of IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1)(a) or (b) of IRPA
  3. 3 Adequacy of state protection in Saint Vincent and the Grenadines

Ratio Decidendi

On the balance of probabilities the panel rejected the claimants' evidence as not credible and determined that the principal claimant could avoid the risk by relocating within Saint Vincent and the Grenadines or obtain adequate state protection (previous prosecutions and available criminal justice response), and that the minor could be protected by family or foster care; therefore neither claimant is a convention refugee nor a person in need of protection under IRPA.

Court Disposition

Claims denied; claimants are not convention refugees and not persons in need of protection

Orders

  • Refugee claims denied