TA3-16751

TA3-16751

The claimant failed to prove, on a balance of probabilities, that he faces a well-founded fear of persecution or a personal risk to life or torture because documentary evidence shows former low-level SLA members who sought forgiveness live in Lebanon without harassment, the claimant does not match categories at risk, and his credibility on key aspects of the claim was rejected.

Citation
TA3-16751
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: T. Shilling; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division
Outcome
Claimant's refugee protection claim refused; negative decision
Legal Topics
Persecution, Credibility, Convention Refugee Status, Risk to Life, Torture, State Protection, Paramilitary Groups, South Lebanon Army, Hizbollah
Source Language
English
Immigration Refugee Law Human Rights Persecution Credibility Convention Refugee Status Risk to Life Torture +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

T. Shilling

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution on a Convention ground in Lebanon
  2. 2 Whether the claimant faces a personal risk to life or cruel and unusual treatment or punishment
  3. 3 Whether the claimant's evidence is credible and establishes a causal link between country conditions and his individual risk

Ratio Decidendi

The claimant failed to prove, on a balance of probabilities, that he faces a well-founded fear of persecution or a personal risk to life or torture because documentary evidence shows former low-level SLA members who sought forgiveness live in Lebanon without harassment, the claimant does not match categories at risk, and his credibility on key aspects of the claim was rejected.

Court Disposition

Claimant's refugee protection claim refused; negative decision

Orders

  • Refugee protection claim dismissed; no protection granted