TB1-05805

TB1-05805

The panel rejected the claim because the claimant was found not credible based on multiple inconsistencies and testimony failures, he failed to establish on a balance of probabilities an objective basis for fear from state or identified actors in Sri Lanka, documentary and fact-finding evidence and UNHCR risk profiles did not support a well‑founded fear, and travel on MV Sun Sea without other indicia of LTTE ties does not create a sur place nexus; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TB1-05805
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 September 2013
Procedural Posture
Refugee Protection (irpa S.96/97) / Hearing and Decision Panel Decision (claim Denied)
Outcome
Claim dismissed; refugee protection denied.
Legal Topics
Credibility Assessment, Sur Place, Failed Asylum Seeker, Persecution, Risk of Torture, Section 97 Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Failed Asylum Seeker Persecution Risk of Torture +1 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa S.96/97) / Hearing and Decision Panel Decision (claim Denied)

Legal Issues

  1. 1 Whether claimant is credible
  2. 2 Whether claimant has an objective basis for fear of persecution
  3. 3 Whether claimant would be at risk as a failed asylum-seeker on return

Ratio Decidendi

The panel rejected the claim because the claimant was found not credible based on multiple inconsistencies and testimony failures, he failed to establish on a balance of probabilities an objective basis for fear from state or identified actors in Sri Lanka, documentary and fact-finding evidence and UNHCR risk profiles did not support a well‑founded fear, and travel on MV Sun Sea without other indicia of LTTE ties does not create a sur place nexus; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; refugee protection denied.

Orders

  • Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.