What is the test for determining whether the state would be willing to protect an applicant in a civil matter?
Canada (Federal), Canada
The following excerpt is from Martinez v. Canada (Minister of Citizenship and Immigration), 2005 FC 1121 (CanLII):
To that, I would add the findings of Justice Denault in the case of Silva v. Canada(Minister of Employment and Immigration), [1994] F.C.J. No. 1161: The question is not whether the state would be willing to protect, but whether the applicant is willing to seek the protection of the state. It is the well-foundedness of the applicants' perspective regarding the state's actions which is determinative. [my emphasis]
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