TA6-05641

TA6-05641

The claim was dismissed because the claimant's evidence was found not credible, no nexus to a Convention ground was established, and adequate state protection and a reasonable internal flight alternative existed which the claimant did not attempt to use.

Citation
TA6-05641
Parties
Claimant: XXXXX XXXXX; Designated Representative/son: XXXXX XXXXX; Refugee Protection Officer: A. Martin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2007
Procedural Posture
Convention Refugee Claim (refugee Protection Division) / Hearing and Oral Negative Decision Rendered; Written Reasons Issued
Outcome
Claim rejected (negative decision)
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Evidence
Source Language
English
Immigration Refugee Law Convention Refugee Particular Social Group State Protection Internal Flight Alternative Credibility and Evidence

Case Brief

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Designated Representative/son

A. Martin

Refugee Protection Officer

Procedural Posture

Convention Refugee Claim (refugee Protection Division) / Hearing and Oral Negative Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Is the claimant a Convention refugee?
  2. 2 Does the alleged harm have nexus to a Convention ground?
  3. 3 Are the claimant's statements credible?

Ratio Decidendi

The claim was dismissed because the claimant's evidence was found not credible, no nexus to a Convention ground was established, and adequate state protection and a reasonable internal flight alternative existed which the claimant did not attempt to use.

Court Disposition

Claim rejected (negative decision)

Orders

  • Claim dismissed; protection under the Convention denied