TA8-12943

TA8-12943

The panel accepted the claimant's identity and credibility but on objective assessment of country and medical evidence found only a mere possibility of risk: Proclamation 378/2003 permits regularization of citizenship for many of Eritrean origin, documented discrimination did not amount to persecution in the claimant's factual profile and family support reduced the risk to a level below a serious possibility; therefore the claimant is not a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Citation
TA8-12943
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Designated Representative (adult Daughter): XXXXX XXXXX; Counsel for the Claimant: Helen Kim; Tribunal Officer: D. Hitayezu-Fall; Adjudicator/panel Member: L. MASON; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2010
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Hearing Held; Decision Issued (final Decision)
Outcome
Refugee protection claim refused: claimant is not a Convention refugee and not a person in need of protection under IRPA ss.96 and 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Nationality, Ethnicity, Religion, Particular Social Group, Mental Illness, Credibility, Country Conditions, Medical Evidence, Designated Representative
Source Language
English
Immigration and Refugee Law Human Rights Administrative Law Convention Refugee Person in Need of Protection Nationality Ethnicity Religion +6 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Designated Representative (adult Daughter)

Helen Kim

Counsel for the Claimant

D. Hitayezu-Fall

Tribunal Officer

L. MASON

Adjudicator/panel Member

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Hearing Held; Decision Issued (final Decision)

Legal Issues

  1. 1 identity
  2. 2 credibility
  3. 3 whether claimant faces risk of persecution on account of nationality (Eritrean ethnicity)

Ratio Decidendi

The panel accepted the claimant's identity and credibility but on objective assessment of country and medical evidence found only a mere possibility of risk: Proclamation 378/2003 permits regularization of citizenship for many of Eritrean origin, documented discrimination did not amount to persecution in the claimant's factual profile and family support reduced the risk to a level below a serious possibility; therefore the claimant is not a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Court Disposition

Refugee protection claim refused: claimant is not a Convention refugee and not a person in need of protection under IRPA ss.96 and 97(1).

Orders

  • Refugee protection claim dismissed
  • Decision issued May 6, 2010 by L. Mason