MA8-00366

MA8-00366

Claim denied because credibility concerns and documentary evidence establish state protection measures and a viable internal flight alternative (Dhaka); therefore claimant does not meet the definitions in sections 96 or 97 IRPA.

Citation
MA8-00366
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 August 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Final Decision
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Internal Flight Alternative, State Protection
Source Language
English
Immigration Law Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Internal Flight Alternative State Protection

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97 IRPA
  3. 3 Credibility of claimant's account

Ratio Decidendi

Claim denied because credibility concerns and documentary evidence establish state protection measures and a viable internal flight alternative (Dhaka); therefore claimant does not meet the definitions in sections 96 or 97 IRPA.

Court Disposition

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

Orders

  • Protection claim refused