TA4-17499

TA4-17499

The Claimant failed to demonstrate on a balance of probabilities that she has a well-founded fear of persecution for a Convention ground or that she faces a personal risk to life, cruel and unusual treatment, or torture on return to Zimbabwe; credibility concerns, the absence of objective personal risk despite adverse country conditions, and evidence of reavailment and potential abuse of the refugee process required rejection of the claim.

Citation
TA4-17499
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 January 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection; removal to Zimbabwe does not present a personal risk of torture, risk to life, or cruel and unusual treatment.
Legal Topics
Asylum, Persecution, Risk of Torture, State Protection, Credibility, Racial Discrimination, Reavailment and Delay, Abuse of Process
Source Language
English
Refugee Law Immigration Law Human Rights Law Asylum Persecution Risk of Torture State Protection Credibility +3 more

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution for a Convention ground in Zimbabwe
  2. 2 Whether the claimant faces a personal risk to life or risk of cruel and unusual treatment or punishment on return
  3. 3 Whether there are substantial grounds for believing the claimant would be tortured on return

Ratio Decidendi

The Claimant failed to demonstrate on a balance of probabilities that she has a well-founded fear of persecution for a Convention ground or that she faces a personal risk to life, cruel and unusual treatment, or torture on return to Zimbabwe; credibility concerns, the absence of objective personal risk despite adverse country conditions, and evidence of reavailment and potential abuse of the refugee process required rejection of the claim.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection; removal to Zimbabwe does not present a personal risk of torture, risk to life, or cruel and unusual treatment.