TB1-05372

TB1-05372

On the balance of probabilities the claimant did not prove he is wanted or at risk of persecution: his credible history shows release after questioning, lawful passport issuance and exit from Sri Lanka; he failed to provide persuasive corroboration and did not fit established UNHCR risk profiles; alleged harms are generalized criminal/extortionate conduct lacking nexus to a Convention ground and thus excluded under s.97(1)(b)(ii); consequently he is neither a Convention refugee nor a person in need of protection under s.97(1).

Citation
TB1-05372
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2013
Procedural Posture
Refugee Protection Claim (irpa S.96/97) / Refugee Protection Division Hearing and Decision (reasons and Decision)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection under IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility and Corroboration, Generalized Risk, Nexus to Convention Grounds, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility and Corroboration Generalized Risk Nexus to Convention Grounds +1 more

Case Brief

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Parties

XXXX XXXX

Claimant (asylum Seeker)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim (irpa S.96/97) / Refugee Protection Division Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility and need for corroborative evidence

Ratio Decidendi

On the balance of probabilities the claimant did not prove he is wanted or at risk of persecution: his credible history shows release after questioning, lawful passport issuance and exit from Sri Lanka; he failed to provide persuasive corroboration and did not fit established UNHCR risk profiles; alleged harms are generalized criminal/extortionate conduct lacking nexus to a Convention ground and thus excluded under s.97(1)(b)(ii); consequently he is neither a Convention refugee nor a person in need of protection under s.97(1).

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection under IRPA

Orders

  • Claim dismissed
  • No protection granted