TA7-14716

The claimant's account was found not credible and he failed to rebut the presumption of state protection; the incident described is a private vendetta/criminal matter without nexus to a Convention ground and country evidence shows available state protection in Georgia; therefore he is neither a Convention refugee nor a person in need of protection and there are no substantial grounds to believe he faces torture if removed.

Citation: TA7-14716
Parties: Claimant: XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 13 May 2010
Procedural Posture: Refugee Protection / Decision (refugee Protection Division)
Outcome: Claim dismissed: claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics: Persecution by Family Members, Vendetta, State Protection, Convention Refugee Status, Risk of Torture, Credibility Assessment
Source Language: English

Immigration Refugee Law Human Rights Persecution by Family Members Vendetta State Protection Convention Refugee Status Risk of Torture +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision (refugee Protection Division)

Legal Issues

1 Whether claimant is a Convention refugee
2 Whether claimant is a person in need of protection
3 Whether alleged harm is linked to a Convention ground (nexus)

Ratio Decidendi

Court Disposition

Claim dismissed: claimant found not to be a Convention refugee and not a person in need of protection

Orders

Claim denied — claimant not a Convention refugee
Claimant not a person in need of protection