CA5-00250

CA5-00250

Both claimants fail to establish refugee or protection status: male claimant has a viable internal flight alternative in Karachi or another large urban area in Sindh and therefore no substantial grounds to believe removal would expose him to persecution, torture, death or cruel and unusual treatment; female claimant has adequate state protection in South Africa and failed to rebut the presumption of protection with clear and convincing evidence.

Citation
CA5-00250
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 October 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (final Determination)
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Internal Flight Alternative, State Protection, Freedom of Religion, Political Opinion, Persecution, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Refugee Protection Convention Refugee Person in Need of Protection Internal Flight Alternative State Protection +5 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection under sections 96 and 97(1) of the IRPA
  3. 3 Availability and reasonableness of internal flight alternative (male claimant)

Ratio Decidendi

Both claimants fail to establish refugee or protection status: male claimant has a viable internal flight alternative in Karachi or another large urban area in Sindh and therefore no substantial grounds to believe removal would expose him to persecution, torture, death or cruel and unusual treatment; female claimant has adequate state protection in South Africa and failed to rebut the presumption of protection with clear and convincing evidence.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection

Orders

  • Claimants' refugee protection claims are dismissed; removal proceedings may continue in accordance with law