What is the test for rebutting the presumption of state protection?

While the presumption of state protection may be rebutted, this can only occur where the refugee claimant provides “clear and convincing” evidence confirming the state's inability to provide protection. Such evidence can include testimony of similarly situated individuals let down by the state protection arrangement, or the refugee claimant's own testimony of past incidents in which state protection was not provided: Ward, supra, pp. 724-725. Refugee claimants must make “reasonable efforts” at seeking out state protection, and the burden on the claimant increases where the state in question is democratic: Kadenko v. Canada (Solicitor General) (1996), 1996 CanLII 3981 (FCA), 206 N.R. 272 (F.C.A.), at para. 5.