TA2-03738
The claimant expressly denied any fear of persecution or serious harm and provided only economic and family-motivated reasons to come to Canada; given his passport and EEC residence rights and the absence of any evidence of persecution or serious harm, the panel found no credible basis for the claim and therefore the claimant is neither a Convention refugee nor a person in need of protection, so the claim is rejected.
- Citation
- TA2-03738
- Parties
- Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Refugee Protection Officer: A. Seifert
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2003
- Procedural Posture
- Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (s.170(b) Irpa)
- Outcome
- Claim rejected; claimant is neither a Convention Refugee nor a person in need of protection.
- Legal Topics
- Convention Refugee, Person in Need of Protection, Credible Basis, Persecution, Economic Conditions, Residency Rights (eec)
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXXXXXXXXXXXXXXXXXXX
Claimant
A. Seifert
Refugee Protection Officer
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (s.170(b) Irpa)
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Whether the claimant is a person in need of protection
- 3 Whether there is a credible basis for the claimant's claim
Ratio Decidendi
The claimant expressly denied any fear of persecution or serious harm and provided only economic and family-motivated reasons to come to Canada; given his passport and EEC residence rights and the absence of any evidence of persecution or serious harm, the panel found no credible basis for the claim and therefore the claimant is neither a Convention refugee nor a person in need of protection, so the claim is rejected.
Court Disposition
Claim rejected; claimant is neither a Convention Refugee nor a person in need of protection.
Orders
- Claim for refugee protection rejected.
- Panel finds no credible basis for the claim and that there is no factual basis on which a favourable decision could be made (s.107(2) IRPA).
Full Case Text
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