MB2-06884

MB2-06884

The tribunal accepted the claimant's credibility, found him to be a Northern male Tamil who, given his profile, abduction and use of an illegal passport, faces a real risk of arrest, detention and ill‑treatment by state actors or allied paramilitaries; state protection and an internal flight alternative are unavailable, therefore the claimant meets the Convention refugee criteria.

Citation
MB2-06884
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 April 2015
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Race, Imputed Political Opinion, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Race Imputed Political Opinion Particular Social Group State Protection +2 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee under ss.96 and 97(1) of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant belongs to a protected ground (race, imputed political opinion, particular social group - Northern male Tamil)
  3. 3 Whether the claimant's fear of persecution is well-founded (objective and subjective elements)

Ratio Decidendi

The tribunal accepted the claimant's credibility, found him to be a Northern male Tamil who, given his profile, abduction and use of an illegal passport, faces a real risk of arrest, detention and ill‑treatment by state actors or allied paramilitaries; state protection and an internal flight alternative are unavailable, therefore the claimant meets the Convention refugee criteria.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant granted refugee protection as a Convention refugee