MA8-02591

MA8-02591

Tribunal accepted the claimant's credibility and found state protection unavailable in his home village but concluded an internal flight alternative to a major city like Karachi was reasonable and not unduly harsh; therefore the claimant did not meet the definitions of a Convention refugee or a person in need of protection and the claim was denied.

Citation
MA8-02591
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 August 2009
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing
Outcome
Claim denied; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Religious Persecution, Credibility
Source Language
English
Refugee Law Immigration Human Rights Administrative Law Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under domestic law
  3. 3 Whether effective state protection was available in the claimant's locality in Pakistan

Ratio Decidendi

Tribunal accepted the claimant's credibility and found state protection unavailable in his home village but concluded an internal flight alternative to a major city like Karachi was reasonable and not unduly harsh; therefore the claimant did not meet the definitions of a Convention refugee or a person in need of protection and the claim was denied.

Court Disposition

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