CA4-00070

CA4-00070

The claimant voluntarily remained in Canada for non‑political reasons and therefore any prosecution on return would be enforcement of a law of general application (overstay/Clause 91), not persecution for a Convention reason; the claimant failed to provide credible corroboration that he would be prosecuted for political reasons or that any sentence or prison conditions would amount to torture or cruel and unusual treatment; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
CA4-00070
Parties
Claimant: XXXXXXXXXXX; Claimant's Counsel: Wendy Bouwman Oake; Minister's Counsel: Sharon Flynn
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2005
Procedural Posture
Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division (final Determination)
Outcome
Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Law of General Application, Torture, Cruel and Unusual Treatment, Burden of Proof, Corroboration Requirements, Non Refoulement
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Persecution Law of General Application +5 more

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Parties

XXXXXXXXXXX

Claimant

Wendy Bouwman Oake

Claimant's Counsel

Sharon Flynn

Minister's Counsel

Procedural Posture

Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee based on political opinion
  2. 2 Whether claimant faces a personal risk of torture under s.97(1)(a) if returned to Vietnam
  3. 3 Whether claimant faces cruel and unusual treatment or risk to life under s.97(1)(b) if returned

Ratio Decidendi

The claimant voluntarily remained in Canada for non‑political reasons and therefore any prosecution on return would be enforcement of a law of general application (overstay/Clause 91), not persecution for a Convention reason; the claimant failed to provide credible corroboration that he would be prosecuted for political reasons or that any sentence or prison conditions would amount to torture or cruel and unusual treatment; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection.