TB7-04233

TB7-04233

Claimant's testimony was vague and lacked corroboration on central matters (cousin's political activity, claimant's role in seeking justice, alleged LTTE links); therefore claimant failed to prove, on a balance of probabilities, a real or perceived political opinion or LTTE association and failed to establish a serious possibility of persecution or a risk of torture, life-threatening harm, or cruel and unusual treatment; claim rejected.

Citation
TB7-04233
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2017
Procedural Posture
Refugee Protection Claim / Decision on Claim
Outcome
Claim rejected; claimant is not a Convention refugee and would not face danger of torture, risk to life, or cruel and unusual treatment on return.
Legal Topics
Convention Refugee, Credibility, Country Conditions, Persecution, Torture, Risk Assessment, Residual Profile, LTTE, Political Opinion
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Country Conditions Persecution Torture +4 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Claim

Legal Issues

  1. 1 Whether claimant established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant would face torture or risk to life or cruel and unusual treatment on return
  3. 3 Whether claimant's testimony was credible

Ratio Decidendi

Claimant's testimony was vague and lacked corroboration on central matters (cousin's political activity, claimant's role in seeking justice, alleged LTTE links); therefore claimant failed to prove, on a balance of probabilities, a real or perceived political opinion or LTTE association and failed to establish a serious possibility of persecution or a risk of torture, life-threatening harm, or cruel and unusual treatment; claim rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and would not face danger of torture, risk to life, or cruel and unusual treatment on return.

Orders

  • Refugee claim rejected