Padlet 3 - Case Study by Cristina Garcia

1. What are the central issues in this claim for refugee protection?
I consider there are 3 main issues to this claim. The first one is that this girl is under age and she has been living there for around 4 years, this can also make it easier since she can become a citizen but she could also get deported. On the other hand, I can say that the principal one is that she was kidnapped and forced to be in the gang, even though she was able to scape her life is in a constant danger and she has constant fear and constant threats. The last issue would be emotional and physical health, since going through something like this can really leave a mark on the victim, physically and emotionally. This has to be addressed so there are no more accidents and she can’t return to her country because she could be forced to hound again to the gang and in the worse scenario, she could be killed.

2. What are the relevant facts in this case that will assist in resolving those central issues?
She was kidnapped so she was forced to be in this gang. Since she scape her life represents a really big danger because she is in constant threat that this gang will find her and punish her, since it is what gangs usually do. This is not just any gang, it is the most dangerous gang in El Salvador and she needs help, not just to move from county to country. Also she isn’t just responsible of herself, but also her daughter and she is in constant danger.

3. What relevant evidence is required to decide this refugee claim?
First of all, a background in the situation in El Salvador would make this request taken with more seriousness. The applicant has to give her testimony of all the things she went through. I assume she must have a tattoo because she was part of the gang and this could be physical evidence. Also for her to be very detailed on what she went through and show her official documents from El Salvador if she has any.

4. Explain what facts you would find trustworthy and credible in this refugee claim?
All she went through is really important and if her testimony was really detailed it would make me trust her more, I think you can see and feel what people have been through and this could make it easier, also some hard evidence that she is from El Salvador, like passport, or an ID.

5. What laws and guidelines are applicable to this refugee claim?
Immigration and Refugee Protection Act (S.C. 2001, c. 27)
101 (1) A claim is ineligible to be referred to the Refugee Protection Division if

(a) refugee protection has been conferred on the claimant under this Act;
(b) a claim for refugee protection by the claimant has been rejected by the Board;
(c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;

Considering she has been rejected before by other governments, it can make it easier.

6. How would you decide his refugee claim and why?
I don’t believe that a person could ever be “illegal” so my first step would be to make all the legal documents so she can be able to have a safe country to be in, this considering the situation she has lived in in her country and how she is in constant danger. As a woman, I know how difficult and scary could be to be in the situation where you have to run away to somewhere unknown by yourself and then be in charge of someone else. I would prioritize this application and try to not be bias and to understand the full situation.

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