MB0-06714

MB0-06714

The panel rejected the claim because the claimant failed to establish a well‑founded fear of persecution by reason of political opinion or a serious risk to life/torture; the evidence showed inconsistencies and lack of corroboration and the feared harm was attributable to general criminality rather than persecution on a Convention ground, so the claimant is neither a Convention refugee nor a person in need of protection.

Citation
MB0-06714
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 February 2013
Procedural Posture
Refugee Protection / Decision (oral Reasons)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution by Political Opinion, Exclusion, Risk to Life, Risk of Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Criminality/gang Violence Convention Refugee Person in Need of Protection Credibility Assessment Persecution by Political Opinion +4 more

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision (oral Reasons)

Legal Issues

  1. 1 Whether claimant is a Convention refugee by reason of political opinion
  2. 2 Whether claimant is a person in need of protection because of risk to life, torture or cruel treatment
  3. 3 Whether alleged harm arises from persecutory agents or from general criminality

Ratio Decidendi

The panel rejected the claim because the claimant failed to establish a well‑founded fear of persecution by reason of political opinion or a serious risk to life/torture; the evidence showed inconsistencies and lack of corroboration and the feared harm was attributable to general criminality rather than persecution on a Convention ground, so the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim denied
  • Decision signed February 14, 2013