TB0-11729

TB0-11729

The claimant failed to demonstrate the requisite subjective fear of persecution; her failure to seek protection in the United States despite accessible protection and family there constituted asylum shopping and undermined her credibility, therefore she did not meet the burden to establish refugee protection.

Citation
TB0-11729
Parties
Claimant: XXXXX XXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2011
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act Ss. 96 97) / Decision Oral Rendered June 6, 2011; Written Reasons Issued June 21, 2011
Outcome
Claim dismissed — refugee protection denied
Legal Topics
Political Opinion, Subjective Fear, Credibility, Asylum Shopping, Failure to Seek Protection in Transit Country, Sojourning
Source Language
English
Immigration Law Refugee Law Administrative Law Political Opinion Subjective Fear Credibility Asylum Shopping Failure to Seek Protection in Transit Country +1 more

Case Brief

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Parties

XXXXX XXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act Ss. 96 97) / Decision Oral Rendered June 6, 2011; Written Reasons Issued June 21, 2011

Legal Issues

  1. 1 Whether claimant has requisite subjective fear of persecution
  2. 2 Whether claimant established an objective risk on a Convention ground
  3. 3 Whether failure to claim in the United States undermines credibility and indicates asylum shopping

Ratio Decidendi

The claimant failed to demonstrate the requisite subjective fear of persecution; her failure to seek protection in the United States despite accessible protection and family there constituted asylum shopping and undermined her credibility, therefore she did not meet the burden to establish refugee protection.

Court Disposition

Claim dismissed — refugee protection denied

Orders

  • Refugee claim dismissed
  • No protection granted; written reasons issued June 21, 2011