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

The following excerpt is from Canada (Minister of Employment and Immigration) v. Villafranca, 1992 CanLII 8569 (FCA):

No government that makes any claim to democratic values or protection of human rights can guarantee the protection of all of its citizens at all times. Thus, it is not enough for a claimant merely to show that his government has not always been effective at protecting persons in his particular situation. Terrorism in the name of one warped ideology or another is a scourge afflicting many societies today; its victims, however much they may merit our sympathy, do not become Convention refugees simply because their governments have been unable to suppress the evil. Where, however, the state is so weak, and its control over all or part of its territory so tenuous as to make it a government in name only, as this court found in the case of Zalzali v. Canada (Minister of Employment and Immigration), [1991] 3 F.C. 605, 14 Imm. L.R. (2d) 81, 126 N.R. 126, a refugee may justly claim to be unable to avail himself of its protection. Situations of civil war, invasion or the total collapse of internal order will normally be required to support a claim of inability. On the other hand, where a state is in effective control of its territory, has military, police and civil authority in place, and makes serious efforts to protect its citizens from terrorist activities, the mere fact that it is not always successful at doing so will not be enough to justify a claim that the victims of terrorism are unable to avail themselves of such protection.

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