MA5-04772

MA5-04772

Despite credibility problems, the Tribunal accepted the claimant's identity and country of origin and, on the basis of documentary evidence (notably the UNHCR April 2009 report) and the country context, found a well‑founded fear of persecution as a Tamil from the claimant's area and that no reasonable internal flight alternative to Colombo existed; the Tribunal did not apply Article 1F as it did not believe the claimant had been involved with the LTTE.

Citation
MA5-04772
Parties
Claimant: XXXXX XXXXX; Minister: Minister of Public Safety (intervenor)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 July 2009
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim allowed; claimant determined to be a Convention refugee.
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility, Article 1 F Exclusion, Convention Against Torture
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Internal Flight Alternative Credibility Article 1 F Exclusion Convention Against Torture

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister of Public Safety (intervenor)

Minister

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA based on persecution as a Tamil from northern Sri Lanka
  2. 2 Whether the claimant is excluded under Article 1F for alleged participation in LTTE crimes
  3. 3 Whether an internal flight alternative (IFA) to Colombo exists

Ratio Decidendi

Despite credibility problems, the Tribunal accepted the claimant's identity and country of origin and, on the basis of documentary evidence (notably the UNHCR April 2009 report) and the country context, found a well‑founded fear of persecution as a Tamil from the claimant's area and that no reasonable internal flight alternative to Colombo existed; the Tribunal did not apply Article 1F as it did not believe the claimant had been involved with the LTTE.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee.

Orders

  • Claimant determined to be a Convention refugee and granted protection in Canada.