CA4-00972

CA4-00972

Claim rejected because the evidence established a viable internal flight alternative in Venezuela and the claimant's experiences, taken cumulatively, constituted harassment rather than persecution on a Convention ground; removal would not expose her to a serious risk of torture or cruel and unusual treatment.

Citation
CA4-00972
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: M. Embaie
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 July 2005
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Internal Flight Alternative, Political Opinion, Persecution, Risk of Torture, Protection Claim Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Internal Flight Alternative Political Opinion Persecution Risk of Torture +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

M. Embaie

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether a viable internal flight alternative exists in Venezuela
  3. 3 Whether incidents complained of constitute persecution on a Convention ground

Ratio Decidendi

Claim rejected because the evidence established a viable internal flight alternative in Venezuela and the claimant's experiences, taken cumulatively, constituted harassment rather than persecution on a Convention ground; removal would not expose her to a serious risk of torture or cruel and unusual treatment.

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim dismissed
  • No protection order granted