TB5-04207

TB5-04207

On the balance of probabilities the claimants do not face a serious possibility of persecution or risk to life or cruel and unusual treatment on return because their interactions with authorities and the EPDP were episodic, involved extortion or short detentions with release, they lack links to the LTTE or other risk profiles, and documentary evidence does not show that their profile would expose them to persecution.

Citation
TB5-04207
Parties
Claimant: XXXX XXXX; Co Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 September 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision on the Merits
Outcome
Claimants' claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Sur Place, Risk of Persecution, Country of Origin Information, Credibility Assessment
Source Language
English
Immigration Law Refugee Law International Protection Convention Refugee Person in Need of Protection Sur Place Risk of Persecution Country of Origin Information +1 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX

Co Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision on the Merits

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimants are persons in need of protection under IRPA
  3. 3 Whether prior interactions with army, police and EPDP amount to a real risk of persecution

Ratio Decidendi

On the balance of probabilities the claimants do not face a serious possibility of persecution or risk to life or cruel and unusual treatment on return because their interactions with authorities and the EPDP were episodic, involved extortion or short detentions with release, they lack links to the LTTE or other risk profiles, and documentary evidence does not show that their profile would expose them to persecution.

Court Disposition

Claimants' claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claimants' refugee protection claims dismissed