VB0-02290

VB0-02290

Panel accepted claimant's credibility but found insufficient objective evidence of a nexus to the LTTE or that authorities perceived him as an activist; limited, brief interrogations, ability to obtain travel documents and permits, and changed country conditions after 2009 show no serious possibility of persecution nor a personal risk under s.97, therefore claim is rejected.

Citation
VB0-02290
Parties
Claimant / Asylum Seeker: XXXX XXXX; Respondent: Minister; Decision Maker / Refugee Protection Division: Negar Azmudeh
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 August 2012
Procedural Posture
Refugee Protection Claim / Hearing and Decision (merits)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under section 97
Legal Topics
Convention Refugee, Section 97 Protection, Credibility Assessment, Country Condition Assessment, Internal Relocation
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Section 97 Protection Credibility Assessment Country Condition Assessment Internal Relocation

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Parties

XXXX XXXX

Claimant / Asylum Seeker

Minister

Respondent

Negar Azmudeh

Decision Maker / Refugee Protection Division

Procedural Posture

Refugee Protection Claim / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant has a well‑founded fear of persecution on a Convention ground
  2. 2 Whether the claimant is personally at risk of torture or risk to life or cruel and unusual treatment under s.97
  3. 3 Credibility and evidentiary weight of claimant's testimony

Ratio Decidendi

Panel accepted claimant's credibility but found insufficient objective evidence of a nexus to the LTTE or that authorities perceived him as an activist; limited, brief interrogations, ability to obtain travel documents and permits, and changed country conditions after 2009 show no serious possibility of persecution nor a personal risk under s.97, therefore claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under section 97

Orders

  • Refugee protection claim dismissed; claimant denied Convention refugee status and protection under s.97 of the Immigration and Refugee Protection Act