TB1-17519

TB1-17519

Insufficient evidence of personal targeting or ongoing interest by Sri Lankan authorities or EPDP, claimant was released after detention, credibility concerns (omissions in PIF) and country guidance showing reduced group-based risk together mean claimant is neither a Convention refugee nor in need of protection under section 97(1).

Citation
TB1-17519
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 July 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Adjudication/decision (merits)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under section 97(1).
Legal Topics
Convention Refugee Status, Protection Claim Under Section 97(1), Credibility Assessment, Country Conditions, Paramilitary/extortion Risk, Burden of Proof
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Convention Refugee Status Protection Claim Under Section 97(1) Credibility Assessment Country Conditions +2 more

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Adjudication/decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) or (b) IRPA
  3. 3 Credibility and well-founded fear of persecution

Ratio Decidendi

Insufficient evidence of personal targeting or ongoing interest by Sri Lankan authorities or EPDP, claimant was released after detention, credibility concerns (omissions in PIF) and country guidance showing reduced group-based risk together mean claimant is neither a Convention refugee nor in need of protection under section 97(1).

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under section 97(1).