TB7-00283

TB7-00283

The claim is denied because the panel found the claimant's evidence not credible, no nexus to a Convention ground was established, and there was insufficient credible evidence that the named persecutor was motivated and capable of locating or harming the claimant; therefore there is no well‑founded fear of...

Source-derived case information.

Citation
TB7-00283
Parties
Claimant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Canada (Minister of Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 March 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Claim denied by Refugee Protection Division; claimant found not to be a Convention refugee and not in need of protection
Legal Topics
Convention Refugee Determination, Well‑founded Fear, Nexus to Convention Grounds, Credibility Findings, Risk of Torture, Risk to Life/cruel and Unusual Treatment
Source Language
english
Immigration Law Refugee Law Human Rights Criminality and Persecution Convention Refugee Determination Well‑founded Fear Nexus to Convention Grounds Credibility Findings +2 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Canada (Minister of Immigration)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground of persecution
  2. 2 Whether claimant's allegations are credible
  3. 3 Whether there is a forward‑looking risk from the named persecutor

Ratio Decidendi

The claim is denied because the panel found the claimant's evidence not credible, no nexus to a Convention ground was established, and there was insufficient credible evidence that the named persecutor was motivated and capable of locating or harming the claimant; therefore there is no well‑founded fear of persecution nor a balance‑of‑probabilities risk to life, cruel and unusual treatment, or torture.

Court Disposition

Claim denied by Refugee Protection Division; claimant found not to be a Convention refugee and not in need of protection

Orders

  • Refugee protection claim denied.