TB8-11375

TB8-11375

The claimants failed to prove on available evidence that they face a serious possibility of persecution or risk to life/cruel and unusual treatment/torture on return: country documentation indicates Sunni identity alone does not produce a real risk in Baghdad; key alleged incidents lacked established motive or ongoing targeting; claims about needing to work as an engineer and being targeted as professionals were not credible or supported; fears of ordinary crime or targeting due to time abroad lack nexus to Convention grounds; cumulatively the factors do not meet the threshold for protection.

Citation
TB8-11375
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 February 2019
Procedural Posture
Refugee Protection Claim / Final Decision (refused)
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Convention Refugee Status, Risk of Persecution, Credibility Assessment, Country Conditions, Nexus to Convention
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Status Risk of Persecution Credibility Assessment Country Conditions Nexus to Convention

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision (refused)

Legal Issues

  1. 1 Credibility of applicants' fears and factual claims
  2. 2 Whether claimants face a serious possibility of persecution in Iraq
  3. 3 Whether alleged harms have a nexus to a Convention ground

Ratio Decidendi

The claimants failed to prove on available evidence that they face a serious possibility of persecution or risk to life/cruel and unusual treatment/torture on return: country documentation indicates Sunni identity alone does not produce a real risk in Baghdad; key alleged incidents lacked established motive or ongoing targeting; claims about needing to work as an engineer and being targeted as professionals were not credible or supported; fears of ordinary crime or targeting due to time abroad lack nexus to Convention grounds; cumulatively the factors do not meet the threshold for protection.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • Refugee protection claims dismissed
  • No protection status granted