MB1-06022

MB1-06022

The claimant failed to establish genuine conscientious objection or a real risk of persecution or torture on return; prosecution under Turkish conscription law and possible imprisonment do not, on the evidence, amount to persecution, therefore the claim is dismissed under ss.96 and 97(1) of the Act.

Citation
MB1-06022
Parties
Claimant: XXXX XXXX; Claimant's Counsel: Me Styliani(STACEY) Markaki; Tribunal Member: Me Edward Aronoff; Designated Representative: Papanagio [Depot]
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 August 2013
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant found not to be a Convention refugee under section 96 and not a person in need of protection under section 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Conscientious Objection, Persecution, Risk of Torture, Ethnic Discrimination (kurd)
Source Language
English
Immigration Refugee Law Human Rights Military Conscription Convention Refugee Person in Need of Protection Conscientious Objection Persecution +2 more

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Parties

XXXX XXXX

Claimant

Me Styliani(STACEY) Markaki

Claimant's Counsel

Me Edward Aronoff

Tribunal Member

Papanagio [Depot]

Designated Representative

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96
  2. 2 Whether claimant is a person in need of protection under section 97(1)
  3. 3 Whether claimant is a genuine conscientious objector

Ratio Decidendi

The claimant failed to establish genuine conscientious objection or a real risk of persecution or torture on return; prosecution under Turkish conscription law and possible imprisonment do not, on the evidence, amount to persecution, therefore the claim is dismissed under ss.96 and 97(1) of the Act.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee under section 96 and not a person in need of protection under section 97(1).