VB0-04982

VB0-04982

The claimant's fear is linked to religion but the evidence establishes that the persecution agents and the blasphemy-related risk are localized to one Karachi district, and on a balance of probabilities viable and reasonable internal flight alternatives exist (Islamabad, Quetta, Turbat/other areas of Balochistan) where there is no serious possibility of persecution; therefore the claimant is not a Convention refugee nor a person in need of protection and the claim is rejected.

Citation
VB0-04982
Parties
Claimant: XXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 February 2012
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics
Convention Refugee, Internal Flight Alternative, Religion Based Persecution, Blasphemy Charges, State Protection, Country Conditions
Source Language
English
Refugee Law Immigration Law Human Rights Convention Refugee Internal Flight Alternative Religion Based Persecution Blasphemy Charges State Protection +1 more

Case Brief

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Parties

XXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant has well-founded fear of persecution for a Convention ground (religion)
  2. 2 Whether claimant is a person in need of protection (risk to life, cruel and unusual treatment, danger of torture)
  3. 3 Whether a viable Internal Flight Alternative (IFA) exists within Pakistan

Ratio Decidendi

The claimant's fear is linked to religion but the evidence establishes that the persecution agents and the blasphemy-related risk are localized to one Karachi district, and on a balance of probabilities viable and reasonable internal flight alternatives exist (Islamabad, Quetta, Turbat/other areas of Balochistan) where there is no serious possibility of persecution; therefore the claimant is not a Convention refugee nor a person in need of protection and the claim is rejected.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not to be a person in need of protection

Orders

  • Claim rejected