MB1-05130

MB1-05130

Although the claimant was found credible as being of Amazigh ethnicity, documentary evidence showed significant post‑Qaddafi improvements in Amazigh cultural and linguistic freedoms and the Tribunal found that Jebel Nafusa and Zouara are objectively viable internal flight alternatives where the claimant would not face persecution or loss of basic rights; because the claimant failed to prove it was objectively unreasonable to relocate, he has no well‑founded fear of persecution and is not a Convention refugee nor a person in need of protection.

Citation
MB1-05130
Parties
Claimant: XXXX XXXX XXXX; Claimant's Counsel: Me Jamal Addine Fraygui
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 May 2013
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision at Refugee Protection Division
Outcome
Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Internal Flight Alternative, Convention Refugee, Membership of a Particular Social Group, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Internal Flight Alternative Convention Refugee Membership of a Particular Social Group Credibility Assessment

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Parties

XXXX XXXX XXXX

Claimant

Me Jamal Addine Fraygui

Claimant's Counsel

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on membership of a particular social group (Amazigh ethnicity)
  2. 2 Whether claimant is a person in need of protection under s.97 due to risk to life or cruel and unusual treatment
  3. 3 Whether Jebel Nafusa and Zouara constitute viable internal flight alternatives

Ratio Decidendi

Although the claimant was found credible as being of Amazigh ethnicity, documentary evidence showed significant post‑Qaddafi improvements in Amazigh cultural and linguistic freedoms and the Tribunal found that Jebel Nafusa and Zouara are objectively viable internal flight alternatives where the claimant would not face persecution or loss of basic rights; because the claimant failed to prove it was objectively unreasonable to relocate, he has no well‑founded fear of persecution and is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection