TB7-02244

TB7-02244

Claim dismissed because claimant failed to prove a personal, targeted risk on a Convention ground due to credibility issues and delay; discriminatory incidents did not amount to persecution; and a viable internal flight alternative exists in Izmir, so refugee protection and protection from torture or cruel treatment were not established.

Citation
TB7-02244
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 April 2017
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision
Outcome
Claim rejected; claimant not a Convention refugee and not a person in need of protection and not at risk of torture or cruel and unusual treatment or punishment
Legal Topics
Credibility, Internal Flight Alternative, Persecution, Torture, Delay, Subjective Fear, Objective Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Internal Flight Alternative Persecution Torture +3 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Hearing and Decision

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Subjective component of well‑founded fear
  3. 3 Delay in leaving Turkey and making claim

Ratio Decidendi

Claim dismissed because claimant failed to prove a personal, targeted risk on a Convention ground due to credibility issues and delay; discriminatory incidents did not amount to persecution; and a viable internal flight alternative exists in Izmir, so refugee protection and protection from torture or cruel treatment were not established.

Court Disposition

Claim rejected; claimant not a Convention refugee and not a person in need of protection and not at risk of torture or cruel and unusual treatment or punishment

Orders

  • Claim dismissed
  • No protection granted