What is the case law on a claim that a claimant has not rebutted the availability of state protection where the claimant has made no effort whatsoever to seek protection?

Canada (Federal), Canada

The following excerpt is from Del v. Canada (Minister of Citizenship and Immigration), 2006 FC 973 (CanLII):

Generally speaking, it will be difficult to fault the Board’s conclusion that a claimant has not rebutted the availability of state protection where the claimant has made “no effort whatsoever to seek protection”: Skelly v. Canada (Minister of Citizenship and Immigration), 2004 FC 1244 at paragraph 51). Documentary Evidence

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
Is a claim that the state court misapplied state law cognizable in a federal habeas action? (MultiRegion, United States of America)
What is the test for a refugee claimant to claim that his government has not always been effective at protecting him against terrorism? (Canada (Federal), Canada)
What is the effect of federal law claims against state law claims? (MultiRegion, United States of America)
Does a federal and state gender discrimination claim pursuant to the third and fourth claims of the complaint fail to allege a hostile work environment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.