TB1-02808

TB1-02808

On the balance of probabilities the claimant became a refugee sur place because boarding the Ocean Lady changed his profile such that Sri Lankan authorities would likely suspect LTTE links, leading to detention, interrogation and a real risk of torture or disappearance; state protection is not reasonably available and internal flight alternative fails, therefore he meets the Convention refugee definition and his claim is accepted.

Citation
TB1-02808
Parties
Claimant: XXXX XXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 April 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision After Hearing
Outcome
Claimant's refugee protection claim accepted; claimant recognized as a Convention refugee
Legal Topics
Convention Refugee, Sur Place, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility, Particular Social Group
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Sur Place Well Founded Fear of Persecution State Protection Internal Flight Alternative +2 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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision After Hearing

Legal Issues

  1. 1 Identity of claimant
  2. 2 Credibility of claimant
  3. 3 Whether claimant is a refugee sur place

Ratio Decidendi

On the balance of probabilities the claimant became a refugee sur place because boarding the Ocean Lady changed his profile such that Sri Lankan authorities would likely suspect LTTE links, leading to detention, interrogation and a real risk of torture or disappearance; state protection is not reasonably available and internal flight alternative fails, therefore he meets the Convention refugee definition and his claim is accepted.

Court Disposition

Claimant's refugee protection claim accepted; claimant recognized as a Convention refugee

Orders

  • Claimant recognized as a Convention refugee pursuant to IRPA ss.96–97(1)
  • Decision dated April 16, 2013 by Trudy Shecter