TA6-04734

TA6-04734

The claimant's fear arises from a private family dispute which does not constitute a particular social group under Ward; the claimant reported incidents to police and documentary evidence shows state protection and an internal flight alternative in Karachi, therefore the claimant is not a Convention refugee nor a person in need of protection under s.97 IRPA.

Citation
TA6-04734
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 November 2008
Procedural Posture
Refugee Protection Claim / Decision on Claim
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection under s.97 of the IRPA.
Legal Topics
Particular Social Group, Internal Flight Alternative, State Protection, Persecution, Family Based Persecution, Negative Decision
Source Language
English
Refugee Protection Immigration Human Rights Particular Social Group Internal Flight Alternative State Protection Persecution Family Based Persecution +1 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision on Claim

Legal Issues

  1. 1 Source of claimant's fear (family members)
  2. 2 Whether fear is subjectively genuine and objectively reasonable
  3. 3 Whether claimant is a member of a particular social group as defined in Ward

Ratio Decidendi

The claimant's fear arises from a private family dispute which does not constitute a particular social group under Ward; the claimant reported incidents to police and documentary evidence shows state protection and an internal flight alternative in Karachi, therefore the claimant is not a Convention refugee nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection under s.97 of the IRPA.

Orders

  • Claim dismissed; no protection granted