VA9-03957

VA9-03957

The claim fails because the evidence does not establish a serious possibility of persecution on a Convention ground nor a balance of probabilities risk to life or torture: incidents were largely discriminatory or isolated, threats were not shown to have been followed up, claimant had travel options and did not seek asylum earlier, family remain in Pakistan, and objective country information indicates limited scope of persecution of Ahmadis.

Citation
VA9-03957
Parties
Claimant: XXXX XXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2010
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Refugee protection claim denied
Legal Topics
Convention Refugee, Person in Need of Protection, Religious Persecution, Ahmadi Community, Failure to Seek Protection in Other Countries, Reavailment, Credibility and Corroboration, Country Conditions (pakistan)
Source Language
English
Refugee Law Immigration Law Human Rights Convention Refugee Person in Need of Protection Religious Persecution Ahmadi Community Failure to Seek Protection in Other Countries +3 more

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Parties

XXXX XXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether there is nexus between claimant's Ahmadi religion and alleged persecution

Ratio Decidendi

The claim fails because the evidence does not establish a serious possibility of persecution on a Convention ground nor a balance of probabilities risk to life or torture: incidents were largely discriminatory or isolated, threats were not shown to have been followed up, claimant had travel options and did not seek asylum earlier, family remain in Pakistan, and objective country information indicates limited scope of persecution of Ahmadis.

Court Disposition

Refugee protection claim denied

Orders

  • Refugee protection claim of XXXX XXX XXXXX is denied