TB1-13052

The claimant's testimony was found not credible and uncorroborated; objective country evidence demonstrates substantial and durable change since 2009 and confines protection to persons with specific links to the LTTE or defined risk profiles; therefore the claimant does not have a well-founded fear of persecution and is neither a Convention refugee nor a person in need of protection.

Citation: TB1-13052
Parties: Claimant: XXXX XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 14 May 2013
Procedural Posture: Refugee Protection Claim Under IRPA / Merits Hearing and Decision
Outcome: Claim rejected: claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: Credibility Assessment, Well Founded Fear of Persecution, Change of Circumstances, Risk From Non State Actors/paramilitaries, Failed Asylum Seeker Return Screening
Source Language: English

Immigration and Refugee Law Administrative Law Credibility Assessment Well Founded Fear of Persecution Change of Circumstances Risk From Non State Actors/paramilitaries Failed Asylum Seeker Return Screening

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Merits Hearing and Decision

Legal Issues

1 Whether the claimant is credible
2 Whether the claimant has a well-founded fear of persecution on return to Sri Lanka
3 Whether there has been a change in country circumstances since the claimant left

Ratio Decidendi

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection.

Orders

Claimant's refugee protection claim dismissed