MB4-00999

MB4-00999

The Tribunal rejected the claim because it found the claimant not credible and concluded there was insufficient evidence of a serious possibility of persecution or inability/unwillingness of the Croatian state to protect her; therefore she is neither a Convention refugee nor a person in need of protection under ss.96 or 97(1) IRPA.

Citation
MB4-00999
Parties
Claimant: XXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 May 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons for Decision Issued)
Outcome
Refugee protection claim rejected; claimant not a Convention refugee nor a person in need of protection under ss.96 or 97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility, Persecution, Family Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Credibility Persecution +1 more

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Parties

XXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons for Decision Issued)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's allegations of life threats by her father

Ratio Decidendi

The Tribunal rejected the claim because it found the claimant not credible and concluded there was insufficient evidence of a serious possibility of persecution or inability/unwillingness of the Croatian state to protect her; therefore she is neither a Convention refugee nor a person in need of protection under ss.96 or 97(1) IRPA.

Court Disposition

Refugee protection claim rejected; claimant not a Convention refugee nor a person in need of protection under ss.96 or 97(1) IRPA.

Orders

  • Refugee claim dismissed
  • No protection granted under ss.96 or 97(1) of the Immigration and Refugee Protection Act