MA6-03730

MA6-03730

Although discrimination against ethnic Chinese in Indonesia was established, the evidence did not demonstrate persecution as defined in the Act nor an individualized risk to life or cruel and unusual treatment; the claimants' accounts and the country evidence did not establish a nexus to Convention grounds or sufficient risk, therefore the refugee protection claims were rejected.

Citation
MA6-03730
Parties
Claimant (principal): XXXXX XXXXX; Claimant (spouse): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2008
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Following Merits Hearing
Outcome
Claims for refugee protection rejected.
Legal Topics
Race Discrimination, Political Opinion, Particular Social Group, Family, Credibility Assessment, Risk to Life, Cruel and Unusual Treatment, In Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Race Discrimination Political Opinion Particular Social Group Family Credibility Assessment +3 more

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Parties

XXXXX XXXXX

Claimant (principal)

XXXXX XXXXX

Claimant (spouse)

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimants are persons in need of protection under ss.97(1)
  3. 3 Whether the claimants' testimony is credible and consistent

Ratio Decidendi

Although discrimination against ethnic Chinese in Indonesia was established, the evidence did not demonstrate persecution as defined in the Act nor an individualized risk to life or cruel and unusual treatment; the claimants' accounts and the country evidence did not establish a nexus to Convention grounds or sufficient risk, therefore the refugee protection claims were rejected.

Court Disposition

Claims for refugee protection rejected.

Orders

  • Claims for refugee protection are rejected.