TB2-00914

TB2-00914

The claim was rejected because the panel found the claimant not credible on core allegations of political activity and detention, the feared harm (compulsory military service) lacks nexus to a Convention ground and is a general risk excluded by s.97(1)(b), and therefore there is no well‑founded fear of persecution or personal risk of cruel and unusual treatment warranting protection.

Citation
TB2-00914
Parties
Claimant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 October 2013
Procedural Posture
Refugee Protection Claim (irpa) / Decision After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Military Conscription, Persecution, Nexus, Risk to Life or Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Military Conscription Persecution +2 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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa) / Decision After Hearing

Legal Issues

  1. 1 Identity
  2. 2 Whether participation in grassroots organisation was known to authorities
  3. 3 Subjective fear and well‑foundedness

Ratio Decidendi

The claim was rejected because the panel found the claimant not credible on core allegations of political activity and detention, the feared harm (compulsory military service) lacks nexus to a Convention ground and is a general risk excluded by s.97(1)(b), and therefore there is no well‑founded fear of persecution or personal risk of cruel and unusual treatment warranting protection.

Court Disposition

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

Orders

  • Claim rejected
  • No refugee protection or protection under section 97(1)(b) granted