TB7-01276

TB7-01276

The principal claimant's claim was rejected because she failed to prove a serious possibility of persecution or a balance of probabilities risk of torture or death in Guinea-Conakry given her prior travel to Guinea, the existence of a Guinean passport and lack of evidence of continuing targeted persecution tied to her father; the minor claimants' claims were accepted because credible testimony, corroborating documents and country evidence established a serious possibility of persecution in Burundi based on the principal claimant's political opinion and the children's Tutsi ethnicity, with no effective state protection and no viable internal flight alternative.

Citation
TB7-01276
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 May 2017
Procedural Posture
Refugee Protection Claim (irpa) / Decision on Merits
Outcome
Principal claimant's claim rejected; minor claimants' claims accepted and recognized as Convention refugees
Legal Topics
Convention Refugee, Persecution, Political Opinion, Ethnicity (tutsi), State Protection, Internal Flight Alternative, Credibility, Risk of Torture
Source Language
English
Immigration Law Refugee Law Human Rights Nationality Law Convention Refugee Persecution Political Opinion Ethnicity (tutsi) +4 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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision on Merits

Legal Issues

  1. 1 Whether principal claimant faces a serious possibility of persecution or risk of torture on return to Guinea-Conakry
  2. 2 Whether minor claimants face a serious possibility of persecution on return to Burundi
  3. 3 Whether state protection is available in Burundi

Ratio Decidendi

The principal claimant's claim was rejected because she failed to prove a serious possibility of persecution or a balance of probabilities risk of torture or death in Guinea-Conakry given her prior travel to Guinea, the existence of a Guinean passport and lack of evidence of continuing targeted persecution tied to her father; the minor claimants' claims were accepted because credible testimony, corroborating documents and country evidence established a serious possibility of persecution in Burundi based on the principal claimant's political opinion and the children's Tutsi ethnicity, with no effective state protection and no viable internal flight alternative.

Court Disposition

Principal claimant's claim rejected; minor claimants' claims accepted and recognized as Convention refugees

Orders

  • Principal claimant's refugee claim is rejected.
  • Minor claimants are recognized as Convention refugees and their claims are accepted.