MB5-04811

MB5-04811

The panel rejected the claim because the claimant's testimony was found not credible on central facts (arrests, renewal of review card, assistance obtaining passport, efforts to find employment, and residence address); documentary evidence and country information indicated access to education and disability services and lawful means to obtain travel documents, and therefore the claimant failed to show a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a personal risk of torture, death, or cruel and unusual treatment on return.

Citation
MB5-04811
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 May 2016
Procedural Posture
Refugee Protection (ss.96 97 Immigration and Refugee Protection Act) / De Novo Hearing and Decision at Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Risk of Persecution, Credibility Assessment, Statelessness (bidoon), Disability Discrimination, Risk of Torture, Return to Country Risk
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Convention Refugee Risk of Persecution Credibility Assessment Statelessness (bidoon) Disability Discrimination +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (ss.96 97 Immigration and Refugee Protection Act) / De Novo Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant has established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant has established on balance of probabilities a risk of torture, risk to life, or risk of cruel and unusual treatment or punishment
  3. 3 Whether discrimination against a stateless disabled Bidoon in Kuwait amounts to persecution in claimant's particular circumstances

Ratio Decidendi

The panel rejected the claim because the claimant's testimony was found not credible on central facts (arrests, renewal of review card, assistance obtaining passport, efforts to find employment, and residence address); documentary evidence and country information indicated access to education and disability services and lawful means to obtain travel documents, and therefore the claimant failed to show a serious possibility of persecution on a Convention ground or, on the balance of probabilities, a personal risk of torture, death, or cruel and unusual treatment on return.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • The Refugee Protection Division rejects the claimant's refugee protection claim dated May 3, 2016.