CA3-01012

CA3-01012

Claimant's allegations amounted to harassment and general law enforcement rather than persecution for a Convention ground; documentary and testimonial evidence show low-level cooperation with SLA and likely only light or no prosecution; claimant's delay in seeking protection and travel to safe countries undermined subjective fear; there is no credible evidence of personalized risk from Syrian intelligence or Hezbollah; therefore claimant is neither a Convention refugee nor a person in need of protection.

Citation
CA3-01012
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: David Matas; Refugee Protection Officer: M. Babcock; Decision Maker: Benjamin Ayorech
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2005
Procedural Posture
Refugee Protection — Convention Refugee Claim Under Immigration and Refugee Protection Act / Decision After Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Need for Protection, Persecution, Detention, Military Service, Draft Evasion, Family Member Persecution, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Need for Protection Persecution Detention Military Service +4 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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

David Matas

Claimant's Counsel

M. Babcock

Refugee Protection Officer

Benjamin Ayorech

Decision Maker

Procedural Posture

Refugee Protection — Convention Refugee Claim Under Immigration and Refugee Protection Act / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee with a well-founded fear of persecution for a Convention ground if returned to Lebanon
  2. 2 Whether removal would subject claimant to risk to life, torture or cruel and unusual treatment
  3. 3 Whether prior detentions and harassment amount to persecution

Ratio Decidendi

Claimant's allegations amounted to harassment and general law enforcement rather than persecution for a Convention ground; documentary and testimonial evidence show low-level cooperation with SLA and likely only light or no prosecution; claimant's delay in seeking protection and travel to safe countries undermined subjective fear; there is no credible evidence of personalized risk from Syrian intelligence or Hezbollah; therefore claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim dismissed