MA5-03134

The claimant's evidence was found not credible and, even if believed, a reasonable internal flight alternative (relocation to Colombo) existed; therefore the claimant is neither a Convention refugee nor a person in need of protection under the IRPA.

Citation: MA5-03134
Parties: Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Gérard Therrien; Panel Member: Me Michael Hamelin
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 20 April 2006
Procedural Posture: Refugee Protection Convention Refugee Claim / Decision Following Hearing
Outcome: Claimant's application for refugee protection dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: Convention Refugee, Person in Need of Protection, Credibility Assessment, Internal Flight Alternative, Persecution, Torture, Political Opinion, Particular Social Group
Source Language: English

Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Assessment Internal Flight Alternative Persecution +3 more

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

XXXXX XXXXX XXXXX

Claimant

Gérard Therrien

Refugee Protection Officer

Me Michael Hamelin

Panel Member

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision Following Hearing

Legal Issues

1 Whether claimant has a well-founded fear of persecution by LTTE or Sri Lankan Armed Forces
2 Whether claimant is a person in need of protection (risk to life, torture or cruel and unusual treatment)
3 Credibility of the claimant's account

Ratio Decidendi

Court Disposition

Claimant's application for refugee protection dismissed; claimant is not a Convention refugee and not a person in need of protection.