TB1-05793

TB1-05793

Panel found claimant established identity but failed to prove on the balance of probabilities that he would be perceived as having LTTE links or personally be at risk of torture or cruel and unusual treatment if returned; minor scars were explainable and claimant was released after interrogation, country conditions had improved and there was no credible evidence Sri Lankan authorities would target him as a Sun Sea passenger or failed asylum-seeker, therefore claim for protection under ss.96 and 97(1) is rejected.

Citation
TB1-05793
Parties
Claimant: XXXX XXXX; Tribunal/decision Maker: Anthony P. da Silva; Respondent/minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; refugee protection and protection under section 97(1) refused
Legal Topics
Convention Refugee, Person in Need of Protection, Sur Place, Credibility, Country Conditions, Torture, Failed Asylum Seeker/returnee
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Sur Place Credibility +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

XXXX XXXX

Claimant

Anthony P. da Silva

Tribunal/decision Maker

Minister of Citizenship and Immigration (Canada)

Respondent/minister

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

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 section 97(1)(a) and 97(1)(b) IRPA
  3. 3 Whether Sri Lankan authorities would perceive claimant to have links with the LTTE

Ratio Decidendi

Panel found claimant established identity but failed to prove on the balance of probabilities that he would be perceived as having LTTE links or personally be at risk of torture or cruel and unusual treatment if returned; minor scars were explainable and claimant was released after interrogation, country conditions had improved and there was no credible evidence Sri Lankan authorities would target him as a Sun Sea passenger or failed asylum-seeker, therefore claim for protection under ss.96 and 97(1) is rejected.

Court Disposition

Claim rejected; refugee protection and protection under section 97(1) refused

Orders

  • Refugee claim rejected
  • No protection granted under sections 96 or 97(1)(a),(b) of the IRPA