TB0-04786

TB0-04786

The claim is rejected because the Tribunal found the claimant not credible on key facts, concluded on the balance of probabilities he is not on any security watchlist and that country conditions for Tamils have improved in a durable and meaningful way since May 2009; alternatively, the risk alleged (extortion/robbery by EPDP/paramilitaries) is a generalized risk excluded by s.97(1)(b).

Citation
TB0-04786
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 September 2011
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Decision (refugee Protection Division Reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Change of Country Conditions, Credibility Assessment, Generalized Risk, Exclusion Under S.97(1)(b)
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Change of Country Conditions Credibility Assessment +2 more

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Parties

XXXXXXXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Decision (refugee Protection Division Reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Credibility of claimant's account

Ratio Decidendi

The claim is rejected because the Tribunal found the claimant not credible on key facts, concluded on the balance of probabilities he is not on any security watchlist and that country conditions for Tamils have improved in a durable and meaningful way since May 2009; alternatively, the risk alleged (extortion/robbery by EPDP/paramilitaries) is a generalized risk excluded by s.97(1)(b).

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection