AA0-01604

AA0-01604

The panel rejected the claimant's credibility on key facts, found that Polish authorities provided adequate protection (having located perpetrators and advised against withdrawing charges), and concluded that a reasonable internal flight alternative existed in Warsaw where adequate protection was available; therefore the claimant is not a Convention refugee under s.2(1).

Citation
AA0-01604
Parties
Claimant: XXXXXXXXXXXXXX; Claimant's Counsel: Russell Kaplan; Refugee Protection Officer: Josée Besner; Panel: Dale L. Noseworthy
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 November 2002
Procedural Posture
Refugee Protection Convention Refugee Claim / Hearing and Decision
Outcome
Claim denied; claimant is not a Convention refugee under s.2(1) of the Immigration Act.
Legal Topics
Ethnic Persecution, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Ethnic Persecution Credibility Assessment State Protection Internal Flight Alternative

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Parties

XXXXXXXXXXXXXX

Claimant

Russell Kaplan

Claimant's Counsel

Josée Besner

Refugee Protection Officer

Dale L. Noseworthy

Panel

Procedural Posture

Refugee Protection Convention Refugee Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.2(1) of the Immigration Act
  2. 2 Whether claimant's testimony is credible
  3. 3 Whether adequate state protection was available in claimant's hometown in Poland

Ratio Decidendi

The panel rejected the claimant's credibility on key facts, found that Polish authorities provided adequate protection (having located perpetrators and advised against withdrawing charges), and concluded that a reasonable internal flight alternative existed in Warsaw where adequate protection was available; therefore the claimant is not a Convention refugee under s.2(1).

Court Disposition

Claim denied; claimant is not a Convention refugee under s.2(1) of the Immigration Act.