TA0-17614

TA0-17614

The Chairperson's guideline on the order of questioning did not breach procedural fairness or s.7, and on the merits there was no objective basis for the claimants' subjective fear because significant improvements and political changes in Uruguay removed any reasonable prospect of persecution; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
TA0-17614
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2005
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Procedural Fairness, Guidelines and Chairperson Authority, Order of Questioning at Hearing, Change of Country Conditions, Persecution Based on Political Opinion
Source Language
English
Immigration Law Refugee Law Constitutional Law Administrative Law Human Rights Procedural Fairness Guidelines and Chairperson Authority Order of Questioning at Hearing +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether IRB Guideline 7 and the changed order of questioning violate natural justice or s.7 Charter rights
  2. 2 Whether the claimants have an objective basis for a well-founded fear of persecution based on political opinion
  3. 3 Whether changes in Uruguay's political conditions remove any objectively reasonable risk of persecution

Ratio Decidendi

The Chairperson's guideline on the order of questioning did not breach procedural fairness or s.7, and on the merits there was no objective basis for the claimants' subjective fear because significant improvements and political changes in Uruguay removed any reasonable prospect of persecution; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • The claims for refugee protection are dismissed
  • Removal to Uruguay would not subject the claimants to a risk to life or to torture or to cruel and unusual treatment or punishment