TA6-11770

TA6-11770

Claimant's fear was not credible and not well-founded; claimant failed to demonstrate clear and convincing evidence that Israeli authorities could not or would not provide protection; on balance of probabilities there is no real risk of persecution, torture, risk to life, or cruel and unusual treatment; therefore claim fails under s.96 and s.97(1).

Citation
TA6-11770
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 September 2009
Procedural Posture
Refugee Protection (irpa S.96/97) / Decision (merits)
Outcome
Claim rejected; not a Convention refugee and not in need of protection under s.97(1) IRPA
Legal Topics
Convention Refugee, State Protection, Persecution, Well Founded Fear, Family Related Persecution, Torture, Credibility
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee State Protection Persecution Well Founded Fear +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa S.96/97) / Decision (merits)

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(1) IRPA
  3. 3 Whether claimant's fear is well-founded and credible

Ratio Decidendi

Claimant's fear was not credible and not well-founded; claimant failed to demonstrate clear and convincing evidence that Israeli authorities could not or would not provide protection; on balance of probabilities there is no real risk of persecution, torture, risk to life, or cruel and unusual treatment; therefore claim fails under s.96 and s.97(1).

Court Disposition

Claim rejected; not a Convention refugee and not in need of protection under s.97(1) IRPA

Orders

  • Refugee protection claim dismissed
  • No protection granted under section 96 or section 97(1) of IRPA