MB0-06662

MB0-06662

On the balance of probabilities the claimant's account of abduction, beatings and targeted political persecution by the YCL was not credible or sufficiently corroborated; documentary and medical evidence were insufficient or unreliable; alleged crimes were extortion for money rather than persecution for a Convention ground; available country and documentary evidence indicated state capacity and political changes reducing risk; therefore the claimant is not a Convention refugee, not in need of protection, and there are no substantial grounds to believe he would face torture if returned.

Citation
MB0-06662
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 December 2012
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision of the Refugee Protection Division
Outcome
Claim rejected; claimant not a Convention refugee; not a person in need of protection; no substantial grounds to believe removal would subject claimant to torture.
Legal Topics
Convention Refugee, Political Opinion, Persecution, State Protection, Torture, Credibility Assessment, Extortion, Kidnapping
Source Language
English
Immigration Refugee Law Human Rights Law Convention Refugee Political Opinion Persecution State Protection Torture +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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Hearing and Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under the Immigration and Refugee Protection Act
  2. 2 Whether claimant is a person in need of protection (risk to life or cruel and unusual treatment)
  3. 3 Whether there are substantial grounds to believe claimant would face torture

Ratio Decidendi

On the balance of probabilities the claimant's account of abduction, beatings and targeted political persecution by the YCL was not credible or sufficiently corroborated; documentary and medical evidence were insufficient or unreliable; alleged crimes were extortion for money rather than persecution for a Convention ground; available country and documentary evidence indicated state capacity and political changes reducing risk; therefore the claimant is not a Convention refugee, not in need of protection, and there are no substantial grounds to believe he would face torture if returned.

Court Disposition

Claim rejected; claimant not a Convention refugee; not a person in need of protection; no substantial grounds to believe removal would subject claimant to torture.

Orders

  • Claim rejected
  • No protection granted