TB3-05082

TB3-05082

On the balance of probabilities the claimant established a well-founded fear of persecution in Sri Lanka because his identity as a young Muslim businessman with membership in a Muslim-Tamil political alliance exposes him to targeted attacks and the state has shown unwillingness or inability to protect him; corroborating medical and documentary evidence and credible testimony satisfy the threshold for Convention refugee status.

Citation
TB3-05082
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2013
Procedural Posture
Refugee Protection (irpa) / Hearing Decision
Outcome
Claim accepted - claimant determined to be a Convention refugee
Legal Topics
Convention Refugee Determination, State Protection, Persecution, Political Opinion, Religion, Ethnicity, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination State Protection Persecution Political Opinion Religion +3 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Hearing Decision

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution for Convention reasons
  2. 2 Whether there is a nexus between claimant's profile and Convention grounds
  3. 3 Whether the state is unwilling or unable to provide protection

Ratio Decidendi

On the balance of probabilities the claimant established a well-founded fear of persecution in Sri Lanka because his identity as a young Muslim businessman with membership in a Muslim-Tamil political alliance exposes him to targeted attacks and the state has shown unwillingness or inability to protect him; corroborating medical and documentary evidence and credible testimony satisfy the threshold for Convention refugee status.

Court Disposition

Claim accepted - claimant determined to be a Convention refugee

Orders

  • Claimant determined to be a Convention refugee and refugee protection claim accepted