TB2-09938

TB2-09938

On the balance of probabilities the claimant is not effectively recognized as a citizen by Eritrea or Ethiopia and is effectively stateless; Djibouti is her country of former habitual residence; she failed to establish an objectively well-founded fear of persecution in Djibouti; alternatively, if Eritrean, country evidence indicates mothers are usually exempt from national service so the national-service fear is not objectively well founded; therefore the refugee claim is rejected.

Citation
TB2-09938
Parties
Claimant: XXXX XXXX; Counsel for Claimant: Paul Vandervennen; Refugee Protection Officer: N/A; Interpreter: F. Woldemariam; Decision Maker: R. Gould
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 September 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (reasons for Decision)
Outcome
Refugee claim rejected; protection denied
Legal Topics
Citizenship Determination, Statelessness Determination, Country of Former Habitual Residence, Well Founded Fear of Persecution, Credibility Assessment, Compulsory National Service, Abandoned Asylum Claim
Source Language
English
Immigration Law Refugee Law Nationality Law Statelessness Gender Based Persecution Citizenship Determination Statelessness Determination Country of Former Habitual Residence +4 more

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Parties

XXXX XXXX

Claimant

Paul Vandervennen

Counsel for Claimant

N/A

Refugee Protection Officer

F. Woldemariam

Interpreter

R. Gould

Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (reasons for Decision)

Legal Issues

  1. 1 Whether claimant has citizenship of Eritrea or Ethiopia
  2. 2 Whether claimant is effectively stateless
  3. 3 Identification of country of former habitual residence

Ratio Decidendi

On the balance of probabilities the claimant is not effectively recognized as a citizen by Eritrea or Ethiopia and is effectively stateless; Djibouti is her country of former habitual residence; she failed to establish an objectively well-founded fear of persecution in Djibouti; alternatively, if Eritrean, country evidence indicates mothers are usually exempt from national service so the national-service fear is not objectively well founded; therefore the refugee claim is rejected.

Court Disposition

Refugee claim rejected; protection denied