AA2-00963

AA2-00963

The claimant's incidents, considered cumulatively, amounted to discrimination and harassment but did not exhibit the repetition, relentlessness or systematic character required for persecution; Sweden is a democratic state with measures and institutions able to protect citizens and the claimant failed to provide clear and convincing evidence to rebut the presumption of state protection or to show removal would subject him to torture or risk to life; therefore the claim is rejected.

Citation
AA2-00963
Parties
Claimant: XXXXXXXXXXXXXXXX; Refugee Protection Officer: Josée Besner; Panel Member / Decision Maker: Ian J. Kagedan
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 June 2003
Procedural Posture
Refugee Protection (convention Refugee and Person in Need of Protection) / Refugee Protection Division Decision Following Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Persecution, State Protection, Race Discrimination, Convention Refugee, Torture, Risk to Life, Exhaustion of Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution State Protection Race Discrimination Convention Refugee Torture +2 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

Josée Besner

Refugee Protection Officer

Ian J. Kagedan

Panel Member / Decision Maker

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant is a Convention refugee based on race-based persecution in Sweden
  2. 2 Whether removal to Sweden would subject the claimant to torture or risk to life or to cruel and unusual treatment or punishment
  3. 3 Whether the incidents alleged amount to persecution rather than harassment or discrimination

Ratio Decidendi

The claimant's incidents, considered cumulatively, amounted to discrimination and harassment but did not exhibit the repetition, relentlessness or systematic character required for persecution; Sweden is a democratic state with measures and institutions able to protect citizens and the claimant failed to provide clear and convincing evidence to rebut the presumption of state protection or to show removal would subject him to torture or risk to life; therefore the claim is rejected.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.

Orders

  • Refusal of refugee protection claim
  • No finding of risk of torture or risk to life or cruel and unusual treatment upon removal to Sweden