CA5-00493

CA5-00493

Claimants failed to rebut the presumption of state protection on a clear and convincing standard; independent documentary evidence showed Pakistani authorities make serious efforts to prevent and prosecute sectarian violence and to regulate blasphemy complaints, so removal would not subject claimants to persecution, torture or cruel and unusual treatment.

Citation
CA5-00493
Parties
Claimant (male): XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2006
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision
Outcome
Claims dismissed; claimants are not Convention refugees or persons in need of protection
Legal Topics
State Protection, Freedom of Religion, Blasphemy Laws, Sectarian Violence, Employment Discrimination
Source Language
English
Immigration Refugee Law Human Rights Law State Protection Freedom of Religion Blasphemy Laws Sectarian Violence Employment Discrimination

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Parties

XXXXX XXXXX XXXXX

Claimant (male)

XXXXX XXXXX XXXXX

Claimant (female)

Procedural Posture

Refugee Protection Claim / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees by reason of religion
  2. 2 Whether the claimants have a well-founded fear of persecution by non-state actors (Maulvi and associates and extremist groups)
  3. 3 Whether the state of Pakistan is unwilling or unable to provide protection

Ratio Decidendi

Claimants failed to rebut the presumption of state protection on a clear and convincing standard; independent documentary evidence showed Pakistani authorities make serious efforts to prevent and prosecute sectarian violence and to regulate blasphemy complaints, so removal would not subject claimants to persecution, torture or cruel and unusual treatment.

Court Disposition

Claims dismissed; claimants are not Convention refugees or persons in need of protection