TB0-09362

TB0-09362

The claimant failed to prove an individualized risk of persecution or torture on the balance of probabilities and presented only evidence of generalized criminal/paramilitary extortion; UNHCR and other country materials indicate post-conflict conditions and no presumption of eligibility for northern Tamils, therefore the claim is rejected.

Citation
TB0-09362
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2013
Procedural Posture
Refugee Protection Claim / Hearing and Decision (rpd)
Outcome
Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Well Founded Fear, Persecution, Torture, Non Refoulement
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Status Person in Need of Protection Well Founded Fear Persecution Torture +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (rpd)

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 Whether claimant has an individualized, targeted risk as opposed to generalized criminal risk

Ratio Decidendi

The claimant failed to prove an individualized risk of persecution or torture on the balance of probabilities and presented only evidence of generalized criminal/paramilitary extortion; UNHCR and other country materials indicate post-conflict conditions and no presumption of eligibility for northern Tamils, therefore the claim is rejected.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected
  • No protection granted