VB1-00028

VB1-00028

The panel found the principal claimant's account insufficiently credible due to material inconsistencies and implausible explanations; independent country evidence and the record supported that alleged police conduct was extortionary and that relocation to Colombo/Kalutara would avoid serious risk; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
VB1-00028
Parties
Principal Claimant: XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX aka XXXX XXXX XXXX XXXX; Associated Minor Claimant: XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2012
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims dismissed; claimants found not to be Convention refugees or persons in need of protection.
Legal Topics
Convention Refugee, Credibility, Internal Flight Alternative, Political Opinion, State Protection, Non‑refoulement, Persecution, Extortion
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Convention Refugee Credibility Internal Flight Alternative Political Opinion State Protection +3 more

Case Brief

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Parties

XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX aka XXXX XXXX XXXX XXXX

Associated Claimant

XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX

Associated Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether the claimants have a well‑founded fear of persecution based on political opinion
  3. 3 Whether internal flight alternative (IFA) is viable

Ratio Decidendi

The panel found the principal claimant's account insufficiently credible due to material inconsistencies and implausible explanations; independent country evidence and the record supported that alleged police conduct was extortionary and that relocation to Colombo/Kalutara would avoid serious risk; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed; claimants found not to be Convention refugees or persons in need of protection.

Orders

  • Claim for refugee protection rejected and removed from Board active caseload; no protection orders issued