TA5-12044

TA5-12044

The panel rejected the claim because the claimant's key allegations lacked credibility on a balance of probabilities, there was no objective basis to find a well-founded fear of persecution by the identified actors, state protection and legal remedies existed, and a reasonable internal flight alternative (Dhaka) was available; therefore the claimant is not a Convention refugee nor at risk of torture, death, or cruel and unusual treatment.

Citation
TA5-12044
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Minister's Counsel: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 April 2006
Procedural Posture
Refugee Protection Claim Convention Refugee Determination / Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee, not a person in danger of torture, and not at risk to life or of cruel and unusual treatment or punishment in Bangladesh
Legal Topics
Freedom of Religion, Internal Flight Alternative, State Protection, Credibility, Torture, Risk to Life, Vested Property Return Act
Source Language
English
Refugee Law Immigration Human Rights Freedom of Religion Internal Flight Alternative State Protection Credibility Torture +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Minister

Minister's Counsel

Procedural Posture

Refugee Protection Claim Convention Refugee Determination / Decision Following Hearing

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Subjective component of well-founded fear
  3. 3 Objective component of well-founded fear

Ratio Decidendi

The panel rejected the claim because the claimant's key allegations lacked credibility on a balance of probabilities, there was no objective basis to find a well-founded fear of persecution by the identified actors, state protection and legal remedies existed, and a reasonable internal flight alternative (Dhaka) was available; therefore the claimant is not a Convention refugee nor at risk of torture, death, or cruel and unusual treatment.

Court Disposition

Claim rejected; claimant is not a Convention refugee, not a person in danger of torture, and not at risk to life or of cruel and unusual treatment or punishment in Bangladesh