MB0-05940

MB0-05940

Claimant did not prove on the balance of probabilities that he faces a serious possibility of persecution: his two brief wartime detentions and release, lack of evidence linking him to LTTE, changes in country conditions after 2009 supported by UNHCR/UK guidance, and absence of indicators of targeted pursuit mean he is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA.

Citation
MB0-05940
Parties
Claimant: XXXX XXXX; Decision Maker (rpd Member): Stephen J. Gallagher; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision by Refugee Protection Division After Hearing
Outcome
Claim denied; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under section 97 IRPA.
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Risk Profiling, Country Condition Guidance, Return of Failed Asylum Seekers
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Person in Need of Protection Credibility Assessment Risk Profiling Country Condition Guidance +1 more

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Parties

XXXX XXXX

Claimant

Stephen J. Gallagher

Decision Maker (rpd Member)

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision by Refugee Protection Division After Hearing

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 IRPA
  3. 3 Whether claimant's past detention and family death establish a serious possibility of persecution

Ratio Decidendi

Claimant did not prove on the balance of probabilities that he faces a serious possibility of persecution: his two brief wartime detentions and release, lack of evidence linking him to LTTE, changes in country conditions after 2009 supported by UNHCR/UK guidance, and absence of indicators of targeted pursuit mean he is neither a Convention refugee under s.96 nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim denied; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under section 97 IRPA.