TB1-04144

TB1-04144

The panel rejected the claim because, on a balance of probabilities, the claimant was not a credible witness, produced insufficient probative evidence of past torture or of current risk, had no demonstrated ties to the LTTE or objective reason to be targeted on return, and country information and failed-returnee evidence did not support a real chance of persecution or torture; therefore the claimant failed to establish entitlement under sections 96 or 97(1) IRPA.

Citation
TB1-04144
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 August 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division (final Decision)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Sur Place, Change of Circumstances, Failed Asylum Seekers, Risk of Torture/detention
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Sur Place Change of Circumstances +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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1) IRPA
  3. 3 Whether claimant's account is credible

Ratio Decidendi

The panel rejected the claim because, on a balance of probabilities, the claimant was not a credible witness, produced insufficient probative evidence of past torture or of current risk, had no demonstrated ties to the LTTE or objective reason to be targeted on return, and country information and failed-returnee evidence did not support a real chance of persecution or torture; therefore the claimant failed to establish entitlement under sections 96 or 97(1) IRPA.

Court Disposition

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

Orders

  • Claim rejected; no protection granted