MB1-06962

Claimant failed to credibly establish a nexus between his alleged political opinion/family ties and a well‑founded fear of persecution or a serious risk to life/cruel treatment because the scholarship cessation predated the new regime, the claimant's account was inconsistent and uncorroborated, and country evidence does not indicate targeted risk to persons in his situation; therefore claim is rejected.

Citation: MB1-06962
Parties: Claimant: XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 April 2013
Procedural Posture: Refugee Protection Claim (refugee Protection Division) / Hearing and Decision
Outcome: Claim for refugee protection rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics: Convention Refugee, Political Opinion, Persecution, Torture, Credibility and Corroboration
Source Language: English

Immigration Law Refugee Law Human Rights Convention Refugee Political Opinion Persecution Torture Credibility and Corroboration

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

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

Legal Issues

1 Whether the claimant is a Convention refugee based on political opinion
2 Whether the claimant is a person in need of protection due to risk to life or risk of cruel or unusual treatment or punishment
3 Whether the claimant's evidence is credible and sufficiently corroborated

Ratio Decidendi

Court Disposition

Claim for refugee protection rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

Refugee protection claim rejected