James v. Canada ( Minister of Citizenship and Immigration )
IMM-3352-97
Wetston J.
1/6/98
3 pp.
Application for judicial review of Board's finding no clear and convincing proof of state's inability to provide applicant with adequate protection-Applicant constantly and repetitively abused by husband-Applicant sought police help 13 or 14 times-Existence of interim protection order and restraining order-Applicant continued to be harassed and stalked by husband-Husband never arrested-Applicant assisted out of country by police-Finding of adequate protection cannot flow from police assistance to leave country-Applicant provided clear and convincing evidence of failure of state to provide effective protection-Board's finding of effective state protection perverse-Application allowed.
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