TB3-04485

TB3-04485

The panel held that on the evidence there were not serious reasons to consider the claimant committed a serious non-political crime and therefore he was not excluded under Article 1F(b); however, the claimant's credibility was impaired by omissions and contradictions, he failed to establish membership in the claimed minority clan or any other Convention nexus, and his fear of generalized risk from al-Shabaab did not amount to a personalized risk — accordingly he is neither a Convention refugee nor a person in need of protection and the claim is rejected.

Citation
TB3-04485
Parties
Claimant: XXXX XXXX XXXX; Intervener: Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 July 2014
Procedural Posture
Refugee Protection Claim (irpa) / Decision on Exclusion and Merits After Hearing
Outcome
Claimant not excluded under Article 1F(b); claim rejected — not a Convention refugee and not a person in need of protection.
Legal Topics
Article 1 F(b) Exclusion, Convention Refugee Status, Credibility Findings, Nexus to Convention, Particular Social Group, Personalized Risk From Non State Actors, Danger of Torture
Source Language
English
Immigration Refugee Law Criminal Law Exclusion Article 1 F(b) Exclusion Convention Refugee Status Credibility Findings Nexus to Convention Particular Social Group +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Protection Claim (irpa) / Decision on Exclusion and Merits After Hearing

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(b) for serious non-political crime
  2. 2 Whether claimant qualifies as a Convention refugee
  3. 3 Whether claimant is a person in need of protection

Ratio Decidendi

The panel held that on the evidence there were not serious reasons to consider the claimant committed a serious non-political crime and therefore he was not excluded under Article 1F(b); however, the claimant's credibility was impaired by omissions and contradictions, he failed to establish membership in the claimed minority clan or any other Convention nexus, and his fear of generalized risk from al-Shabaab did not amount to a personalized risk — accordingly he is neither a Convention refugee nor a person in need of protection and the claim is rejected.

Court Disposition

Claimant not excluded under Article 1F(b); claim rejected — not a Convention refugee and not a person in need of protection.

Orders

  • Claimant is not subject to exclusion under Article 1F(b) of the Refugee Convention
  • Claimant's refugee protection claim is rejected; not a Convention refugee and not a person in need of protection