TA4-12420

TA4-12420

The claim is dismissed because the claimant failed to prove past persecution or a serious possibility of persecution on return: his alleged injuries lack credible corroboration, his delay in leaving undermines a genuine fear, the incident was isolated and related to a private relationship rather than part of a pattern of systematic state or non‑state persecution, and country documentation indicates discrimination rather than persecution; accordingly he also fails to meet the higher s.97 threshold.

Citation
TA4-12420
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister; Refugee Protection Officer: Dennis Johnston
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 November 2005
Procedural Posture
Refugee Protection Claim (convention Refugee and S.97 Protection) / Hearing and Decision on the Merits After Peremptory Hearing Held July 18, 2005; Decision Rendered November 9, 2005
Outcome
Claim dismissed; negative determination — claimant is not a Convention refugee and does not meet s.97 protection test
Legal Topics
Convention Refugee Definition, Persecution Vs Discrimination, Religious Freedom, Credibility Assessment, Country Conditions, Section 97 IRPA (risk of Cruel and Unusual Treatment), Postponement and Legal Aid
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Definition Persecution Vs Discrimination Religious Freedom Credibility Assessment +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Dennis Johnston

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim (convention Refugee and S.97 Protection) / Hearing and Decision on the Merits After Peremptory Hearing Held July 18, 2005; Decision Rendered November 9, 2005

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution on account of religion
  2. 2 Whether involvement with a Muslim woman exposes claimant to a risk of serious harm amounting to persecution
  3. 3 Whether claimant's evidence is credible and corroborated

Ratio Decidendi

The claim is dismissed because the claimant failed to prove past persecution or a serious possibility of persecution on return: his alleged injuries lack credible corroboration, his delay in leaving undermines a genuine fear, the incident was isolated and related to a private relationship rather than part of a pattern of systematic state or non‑state persecution, and country documentation indicates discrimination rather than persecution; accordingly he also fails to meet the higher s.97 threshold.

Court Disposition

Claim dismissed; negative determination — claimant is not a Convention refugee and does not meet s.97 protection test

Orders

  • Refugee claim dismissed (negative determination) dated November 9, 2005