VA2-00218

VA2-00218

Based on credible evidence and authoritative country reports, the Panel found that a durable, effective and substantial change in country conditions in Fiji has occurred since the May 2000 coup such that there is no reasonable and objectively foreseeable possibility that the claimant will be persecuted on return; remaining harms are generalized crime or discrimination and do not meet the threshold for Convention refugee or person in need of protection under IRPA sections 96 and 97.

Citation
VA2-00218
Parties
Claimant: XXXXXXXXXX; Decision Maker: S.M. Beckow; Refugee Protection Officer: Refugee Protection Officer; Minister's Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2003
Procedural Posture
Refugee Protection Claim (convention Refugee/person in Need of Protection) / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected: claimant is not a Convention refugee and not a person in need of protection under IRPA
Legal Topics
Credibility, Change in Country Conditions, Persecution Vs. Discrimination, State Protection, Objective Risk, Delay in Claiming, Compelling Reasons
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Change in Country Conditions Persecution Vs. Discrimination State Protection Objective Risk +2 more

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Parties

XXXXXXXXXX

Claimant

S.M. Beckow

Decision Maker

Refugee Protection Officer

Refugee Protection Officer

Minister's Counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim (convention Refugee/person in Need of Protection) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant's testimony and exaggeration of risk
  2. 2 Whether there is an objective basis for a well‑founded fear of persecution
  3. 3 Whether change in country conditions in Fiji removes risk of persecution

Ratio Decidendi

Based on credible evidence and authoritative country reports, the Panel found that a durable, effective and substantial change in country conditions in Fiji has occurred since the May 2000 coup such that there is no reasonable and objectively foreseeable possibility that the claimant will be persecuted on return; remaining harms are generalized crime or discrimination and do not meet the threshold for Convention refugee or person in need of protection under IRPA sections 96 and 97.

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection under IRPA