TB1-15748

TB1-15748

Claim rejected because the panel found significant credibility concerns and documentary irregularities, insufficient credible evidence that claimant is or would be perceived as LTTE‑linked or otherwise persecuted on Convention grounds, claimant was able to exit Sri Lanka on a genuine passport and does not face more than generalized or criminal risk; internal flight to Colombo is reasonable and sur place and failed‑returnee arguments lack substantiation.

Citation
TB1-15748
Parties
Claimant: XXXX XXXX; Counsel for the Claimant: Robert Blanshay; Designated Representative: N/A; Counsel for the Minister: N/A; Panel Chair: Anthony P. Da Silva
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 February 2015
Procedural Posture
Refugee Protection Claim (immigration/refugee) / Hearing and Final Decision (rpd)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 or 97(1) of IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Internal Flight Alternative, Sur Place, Failed Asylum‑seeker/returnee Risk, Non‑state Actor Risk (paramilitary)
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Internal Flight Alternative Sur Place +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 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Robert Blanshay

Counsel for the Claimant

N/A

Designated Representative

N/A

Counsel for the Minister

Anthony P. Da Silva

Panel Chair

Procedural Posture

Refugee Protection Claim (immigration/refugee) / Hearing and Final Decision (rpd)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) or (b) IRPA
  3. 3 Credibility of claimant's evidence and supporting documents

Ratio Decidendi

Claim rejected because the panel found significant credibility concerns and documentary irregularities, insufficient credible evidence that claimant is or would be perceived as LTTE‑linked or otherwise persecuted on Convention grounds, claimant was able to exit Sri Lanka on a genuine passport and does not face more than generalized or criminal risk; internal flight to Colombo is reasonable and sur place and failed‑returnee arguments lack substantiation.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 or 97(1) of IRPA.

Orders

  • Claim dismissed