AA5-00043

AA5-00043

Claimant is an economic migrant who voluntarily entered into an agreement with an agent and did not establish a well-founded fear of persecution for a Convention ground nor a risk of torture, death or cruel and unusual treatment on return; therefore the claim is rejected under ss.96-97 IRPA.

Citation
AA5-00043
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Decision Maker (panel Member): Azhar Ali Khan; Refugee Protection Officer: Jérôme Ruault
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 September 2005
Procedural Posture
Refugee Protection Claim / Decision (refused)
Outcome
Claim dismissed; refugee protection and protection under s.97 denied.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Economic Migration, Sur Place, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Persecution Economic Migration Sur Place +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Azhar Ali Khan

Decision Maker (panel Member)

Jérôme Ruault

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Decision (refused)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97
  3. 3 Credibility of claimant's account

Ratio Decidendi

Claimant is an economic migrant who voluntarily entered into an agreement with an agent and did not establish a well-founded fear of persecution for a Convention ground nor a risk of torture, death or cruel and unusual treatment on return; therefore the claim is rejected under ss.96-97 IRPA.

Court Disposition

Claim dismissed; refugee protection and protection under s.97 denied.

Orders

  • Claimant's refugee claim denied.
  • No protection under s.97; removal to Ecuador would not subject claimant to torture, risk to life or cruel and unusual treatment and may proceed.