TA6-08444

TA6-08444

The claimant is excluded under Article 1E because she was a resident of Australia with the rights of a resident when she travelled to Canada, she had the ability to return and access state protection there, and the panel found her evidence implausible and non-credible, so no well-founded fear of persecution was established.

Citation
TA6-08444
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer / Respondent Representative: J. Baptiste
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 April 2007
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing Concluded; Decision on Exclusion Under Article 1 E
Outcome
Claimant excluded under Article 1E and therefore not found to be a Convention refugee or person in need of protection.
Legal Topics
Article 1 E Exclusion, State Protection, Credibility, Convention Refugee Status, Residence and Sponsorship
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion State Protection Credibility Convention Refugee Status Residence and Sponsorship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

J. Baptiste

Refugee Protection Officer / Respondent Representative

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing Concluded; Decision on Exclusion Under Article 1 E

Legal Issues

  1. 1 Whether Article 1E exclusion applies
  2. 2 Whether state protection was available in country of residence
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The claimant is excluded under Article 1E because she was a resident of Australia with the rights of a resident when she travelled to Canada, she had the ability to return and access state protection there, and the panel found her evidence implausible and non-credible, so no well-founded fear of persecution was established.

Court Disposition

Claimant excluded under Article 1E and therefore not found to be a Convention refugee or person in need of protection.

Orders

  • Claim dismissed on exclusion grounds; XXXXX XXXXX excluded under Article 1E of the Refugee Convention