TA6-08261

TA6-08261

The claim was dismissed because the adjudicator found the claimant not credible and untrustworthy, gave no weight to the alleged fatwah photocopy (finding it false and deliberately misleading), preferred extensive independent country evidence, concluded state protection and an internal flight alternative (Islamabad) were available, and therefore found no real risk of persecution, torture or cruel and unusual treatment upon return.

Citation
TA6-08261
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: L. Heathfield; Designated Representative: Designated Representative; Minister's Counsel: Minister's Counsel; Adjudicator: Joanna Bedard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 January 2007
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (post Hearing)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Production of Documents, Fatwah, Risk of Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persecution State Protection Internal Flight Alternative Credibility Assessment +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

L. Heathfield

Refugee Protection Officer

Designated Representative

Designated Representative

Minister's Counsel

Minister's Counsel

Joanna Bedard

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (post Hearing)

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution for a Convention ground
  2. 2 Whether state protection is available and effective
  3. 3 Whether an internal flight alternative exists

Ratio Decidendi

The claim was dismissed because the adjudicator found the claimant not credible and untrustworthy, gave no weight to the alleged fatwah photocopy (finding it false and deliberately misleading), preferred extensive independent country evidence, concluded state protection and an internal flight alternative (Islamabad) were available, and therefore found no real risk of persecution, torture or cruel and unusual treatment upon return.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim rejected; removal to Pakistan not barred on grounds of Convention refugee status or need for protection.