MA9-11246

MA9-11246

The claimant failed to demonstrate on a balance of probabilities that he faces a serious possibility of persecution, a risk to life, cruel or unusual treatment or torture on return to Cuba under section 96 or subsection 97(1) IRPA because the incidents described were isolated, attributable to corruption or routine policing, or applicable to the population generally, and documentary evidence does not establish an inability to return or specific consequences from an expired exit visa.

Citation
MA9-11246
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Panel Member: Normand Leduc; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2011
Procedural Posture
Refugee Protection Claim / Final Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Persecution, Risk to Life, Sexual Orientation, Imputed Political Opinion, Discrimination, Exit Visa, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Persecution Risk to Life Sexual Orientation Imputed Political Opinion +3 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

Normand Leduc

Panel Member

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether alleged incidents amount to persecution on the basis of race

Ratio Decidendi

The claimant failed to demonstrate on a balance of probabilities that he faces a serious possibility of persecution, a risk to life, cruel or unusual treatment or torture on return to Cuba under section 96 or subsection 97(1) IRPA because the incidents described were isolated, attributable to corruption or routine policing, or applicable to the population generally, and documentary evidence does not establish an inability to return or specific consequences from an expired exit visa.

Court Disposition

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