Canada Immigration Case-law Canada, Novak, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

Editorial Caselaws 72 Comments

Judgement for this Case: Click here!
IMMIGRATION — Refugee status — Requirements — Applicant did not attempt to access state protection from her ex-husband in country of origin because she believed that domestic abuse was not taken seriously in country of origin — Refugee Protection Division of Immigration and Refugee Board (“RPD”) denied applicant refugee protection based on lack of credibility and failure to rebut presumption of state protection in country of origin — Applicant sought judicial review asserting RPD used wrong test to assess whether state protection was available — Application dismissed — It was applicant’s failure to provide evidence of reluctance to engage state that was fatal to claim and not use of wrong legal test — Evidence adduced needed to provide direct, relevant and compelling explanation as to why applicant failed to make single attempt to seek protection from police — Applicant had to demonstrate that it was objectively unreasonable for her to seek protection of state based on her fear of persecution — RPD assessed evidence on domestic violence in country of origin and referred to it thoroughly in decision — It was reasonably open to the RPD to conclude that evidence on ineffectiveness of state protection for victims of domestic violence was not convincing and that applicant failed to rebut presumption of state protection by making no attempts to seek protection and by failing to provide reasonable explanation as to why it was not done

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