VB2-03325

VB2-03325

The claimant's testimony was found not credible and insufficiently corroborated; the incidents described, taken cumulatively, amount to discrimination and harassment rather than persecution tied to a Convention ground, and there are no substantial grounds to believe removal would expose him personally to death, torture or cruel and unusual treatment, therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Citation
VB2-03325
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 February 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Credibility Assessment, Particular Social Group, Internal Relocation, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Determination Person in Need of Protection Credibility Assessment Particular Social Group Internal Relocation +1 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 1
Sign in to unlock

Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether the alleged harms are persecution linked to a Convention ground

Ratio Decidendi

The claimant's testimony was found not credible and insufficiently corroborated; the incidents described, taken cumulatively, amount to discrimination and harassment rather than persecution tied to a Convention ground, and there are no substantial grounds to believe removal would expose him personally to death, torture or cruel and unusual treatment, therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim rejected
  • Removal to Bosnia-Herzegovina, Croatia or Serbia is permissible