TB4-12354

TB4-12354

The claimant's subjective fear was not credible given repeated re‑availment to Erbil and failure to pursue protection abroad, and objective country evidence showed Christians in the Kurdistan region do not face persecution on a scale comparable to areas under ISIS control; threats to the husband did not create a serious possibility of persecution to the claimant; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TB4-12354
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 April 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97) / Decision Following Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Objective Risk Assessment, Persecution, Internal Flight/re‑availment, Convention Refugee Determination
Source Language
English
Immigration Refugee Law International Protection Credibility Assessment Objective Risk Assessment Persecution Internal Flight/re‑availment Convention Refugee Determination

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant has a credible subjective fear of persecution
  2. 2 Whether there is an objective serious possibility of persecution in Erbil, Kurdistan region of Iraq from ISIS or others
  3. 3 Whether risk arising from the husband's situation extends to the claimant

Ratio Decidendi

The claimant's subjective fear was not credible given repeated re‑availment to Erbil and failure to pursue protection abroad, and objective country evidence showed Christians in the Kurdistan region do not face persecution on a scale comparable to areas under ISIS control; threats to the husband did not create a serious possibility of persecution to the claimant; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected