TA5-11948

TA5-11948

The claimant was found to be a victim of general criminality without nexus to a Convention ground, his testimony contained implausibilities and lacked corroboration, and he failed to rebut the presumption of state protection with clear and convincing evidence; therefore on a balance of probabilities there is no well‑founded fear of persecution nor a real risk of torture or death, so the claim is refused.

Citation
TA5-11948
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2006
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Decision (refusal)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
State Protection, Credibility, Nexus to Convention Reasons, Drug Trafficking, Convention Against Torture
Source Language
English
Immigration Refugee Law Human Rights Criminal Law State Protection Credibility Nexus to Convention Reasons Drug Trafficking +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Decision (refusal)

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground
  2. 2 Whether claimant is credible
  3. 3 Whether state protection is available

Ratio Decidendi

The claimant was found to be a victim of general criminality without nexus to a Convention ground, his testimony contained implausibilities and lacked corroboration, and he failed to rebut the presumption of state protection with clear and convincing evidence; therefore on a balance of probabilities there is no well‑founded fear of persecution nor a real risk of torture or death, so the claim is refused.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim rejected by Refugee Protection Division, decision dated May 17, 2006