MB7-20109

MB7-20109

Claimant presented credible, detailed testimony corroborated by medical and witness evidence that he was arrested and tortured by agents he believes were ANS, the state authorities continued to seek him after his escape, objective country evidence shows torture is common and state protection is ineffective, and there is no viable internal flight alternative; therefore on a balance of probabilities he faces a danger of torture and is a person in need of protection under paragraph 97(1)(a) of the IRPA.

Citation
MB7-20109
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 May 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision)
Outcome
Refugee protection claim accepted; claimant found to be a person in need of protection under paragraph 97(1)(a) of the IRPA.
Legal Topics
Protection From Torture, State Protection, Internal Flight Alternative, Credibility, Identity
Source Language
English
Immigration Law Refugee Law Human Rights Law Protection From Torture State Protection Internal Flight Alternative Credibility Identity

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether section 96 applies (targeting for imputed political opinion)
  2. 2 Whether claimant faces a personal risk of torture under paragraph 97(1)(a) of the IRPA
  3. 3 Whether adequate state protection is available in Chad

Ratio Decidendi

Claimant presented credible, detailed testimony corroborated by medical and witness evidence that he was arrested and tortured by agents he believes were ANS, the state authorities continued to seek him after his escape, objective country evidence shows torture is common and state protection is ineffective, and there is no viable internal flight alternative; therefore on a balance of probabilities he faces a danger of torture and is a person in need of protection under paragraph 97(1)(a) of the IRPA.

Court Disposition

Refugee protection claim accepted; claimant found to be a person in need of protection under paragraph 97(1)(a) of the IRPA.

Orders

  • Refugee protection claim of XXXX XXXX XXXX is accepted.