VB0-02579

VB0-02579

Claimant failed to establish nexus to a Convention ground and did not demonstrate a serious possibility of persecution or, on the balance of probabilities, a risk to life or of cruel and unusual treatment or torture if returned to Pakistan because his contacts with the families were limited, there was no evidence of past physical harm despite months in country after threats, material inconsistencies and unreliable family evidence undermined credibility, and objective country information indicated refusal of arranged marriage usually results in social pressure rather than persecution in the claimant's urban, relatively sophisticated context.

Citation
VB0-02579
Parties
Claimant: XXXX XXXX XXXX; Counsel for Claimant: Birjinder P.S. Mangat; Panel Member: Darcy M. Tkachuk; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2012
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Arranged Marriage, Honor Based Threats, Political Violence, Ethnicity, Risk Assessment, Protection Claim Denial
Source Language
English
Immigration Refugee Law Human Rights Arranged Marriage Honor Based Threats Political Violence Ethnicity Risk Assessment +1 more

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Parties

XXXX XXXX XXXX

Claimant

Birjinder P.S. Mangat

Counsel for Claimant

Darcy M. Tkachuk

Panel Member

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Whether claimant faces a serious possibility of persecution for a Convention ground

Ratio Decidendi

Claimant failed to establish nexus to a Convention ground and did not demonstrate a serious possibility of persecution or, on the balance of probabilities, a risk to life or of cruel and unusual treatment or torture if returned to Pakistan because his contacts with the families were limited, there was no evidence of past physical harm despite months in country after threats, material inconsistencies and unreliable family evidence undermined credibility, and objective country information indicated refusal of arranged marriage usually results in social pressure rather than persecution in the claimant's urban, relatively sophisticated context.

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim of XXXX XXXX XXXX is denied