Is a claimant entitled to refugee status if the government fails to provide adequate protection?
Canada (Federal), Canada
The following excerpt is from Tobar v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8150 (FC):
In Bobrik v. M.C.I. (IMM-5519-93, September 16, 1994, F.C.T.D.), Tremblay-Lamer J. held that even if the government wishes to protect its citizens, a claimant will meet the refugee status criteria if the protection provided is ineffective. In particular, she noted that "a state must actually provide protection, and not merely indicate a willingness to help".
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