MA9-10717

MA9-10717

The claim was dismissed because the tribunal found the claimant not credible on material points and concluded, based on documentary evidence and the claimant's ability to leave on his real passport and visa, that a reasonable internal flight alternative existed; therefore the claimant failed to prove a serious possibility of persecution or need for protection.

Citation
MA9-10717
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2013
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility Assessment, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law International Protection Convention Refugee Internal Flight Alternative Credibility Assessment Persecution Risk of Torture

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant faces persecution by state actors in India
  2. 2 Whether claimant's testimony is credible on balance of probabilities
  3. 3 Whether an internal flight alternative within India is reasonable

Ratio Decidendi

The claim was dismissed because the tribunal found the claimant not credible on material points and concluded, based on documentary evidence and the claimant's ability to leave on his real passport and visa, that a reasonable internal flight alternative existed; therefore the claimant failed to prove a serious possibility of persecution or need for protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.