MB8-05328

The claim is rejected because the member found the claimant's evidence not credible due to material contradictions and lack of corroboration regarding the alleged business and related events, and because there was no established nexus between the harm feared and a Convention ground, leaving only a generalized risk under s.97.

Citation: MB8-05328
Parties: Claimant: XXXX XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 11 June 2019
Procedural Posture: Refugee Protection Claim (irpa) / Decision Following RPD Hearing
Outcome: Claim dismissed; claimant is not a Convention refugee nor a person in need of protection under the IRPA.
Legal Topics: Convention Refugee, Person in Need of Protection, Credibility Findings, Nexus to Convention Grounds, Generalized Risk
Source Language: English

Immigration Law Refugee Law Human Rights Convention Refugee Person in Need of Protection Credibility Findings Nexus to Convention Grounds Generalized Risk

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa) / Decision Following RPD Hearing

Legal Issues

1 Whether claimant is a Convention refugee under s.96 IRPA
2 Whether claimant is a person in need of protection under s.97 IRPA
3 Whether claimant established nexus between harm and a Convention ground

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is not a Convention refugee nor a person in need of protection under the IRPA.

Orders

Refugee protection claim rejected by RPD member
No protection granted; matter concluded by the member