VA8-05259

VA8-05259

The claimant's refugee protection claim is denied because the evidence does not establish a serious possibility of persecution or a risk to life/torture on return; material inconsistencies, lack of corroboration, the claimant's extensive travel and valid foreign visas, continued residence of family in Pakistan, and other subjective factors undermine the claim on the balance of probabilities.

Citation
VA8-05259
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 May 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (reasons and Decision)
Outcome
Refugee protection claim denied
Legal Topics
Refugee Protection, Convention Refugee, Persecution, Religious Persecution (ahmadiyya), Internal Flight Alternative, Credibility and Corroboration, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Refugee Law Immigration Law Human Rights Law Refugee Protection Convention Refugee Persecution Religious Persecution (ahmadiyya) Internal Flight Alternative +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 (religion)
  2. 2 Whether claimant is a person in need of protection under subsection 97(1)
  3. 3 Whether claimant has a well‑founded fear of persecution on a Convention ground

Ratio Decidendi

The claimant's refugee protection claim is denied because the evidence does not establish a serious possibility of persecution or a risk to life/torture on return; material inconsistencies, lack of corroboration, the claimant's extensive travel and valid foreign visas, continued residence of family in Pakistan, and other subjective factors undermine the claim on the balance of probabilities.

Court Disposition

Refugee protection claim denied

Orders

  • Refugee protection claim of XXXXX XXXXX is denied