Cuffy v. Canada ( Minister of Citizenship and Immigration )
IMM-3135-95
McKeown J.
16/10/96
6 pp.
Application for judicial review of Immigration and Refugee Board, Convention Refugee Determination Division's decision applicant not refugee-Applicant victim of boyfriend's abuse-Board finding applicant vulnerable because of gender and age but finding no clear and convincing evidence of state's inability to protect her-Applicant had gone to police on several occasions without receiving assistance-Board looked at counseling as adequate method of state protection in circumstances where applicant submitted state, through police, unable to protect her-Application allowed-Matter returned to newly constituted Board to determine if applicant rebutted presumption state normally provides adequate protection-Question certified: With respect to requirement claimant provide clear and convincing evidence state will not protect him, is refugee claimant required to approach agencies beyond police?