CA5-00488

CA5-00488

Tribunal concluded claimant not credible on central elements (past mistreatment and political activity), corroborative evidence was late and suspect, objective country documentation did not show a serious possibility of persecution of Alevis or ODP members, and claimant's travel, passport renewals and re-availment to Turkey undermined subjective fear; therefore claimant is neither a Convention refugee nor a person in need of protection and removal does not create a real risk of torture or cruel treatment.

Citation
CA5-00488
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Catherine Bruce; Refugee Protection Officer: Refugee Protection Officer; Designated Representative: Designated representative; Minister's Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 August 2006
Procedural Posture
Refugee Protection Claim / Decision Following Hearing (may 26, 2006); Decision Dated August 4, 2006
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Ethnic Discrimination, Religious Freedom, Political Opinion, Arbitrary Arrest and Detention, Credibility and Corroboration, Re Availment/sojourning, Risk of Torture/non Refoulement
Source Language
English
Immigration Refugee Law Human Rights Ethnic Discrimination Religious Freedom Political Opinion Arbitrary Arrest and Detention Credibility and Corroboration +2 more

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Parties

XXXXX XXXXX

Claimant

Catherine Bruce

Claimant's Counsel

Refugee Protection Officer

Refugee Protection Officer

Designated representative

Designated Representative

Minister's Counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision Following Hearing (may 26, 2006); Decision Dated August 4, 2006

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA by reason of ethnicity, religion or political opinion
  2. 2 Whether claimant's evidence is credible and corroborated
  3. 3 Whether claimant faces a real risk of torture or cruel and unusual treatment on return

Ratio Decidendi

Tribunal concluded claimant not credible on central elements (past mistreatment and political activity), corroborative evidence was late and suspect, objective country documentation did not show a serious possibility of persecution of Alevis or ODP members, and claimant's travel, passport renewals and re-availment to Turkey undermined subjective fear; therefore claimant is neither a Convention refugee nor a person in need of protection and removal does not create a real risk of torture or cruel treatment.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.