TA4-15324

TA4-15324

The panel rejected the claim because material credibility concerns and lack of corroborative evidence defeated the claimant's core allegation of political involvement with HADEP/DEHAP, his alleged mistreatment did not meet the Convention torture threshold, and the state could provide protection against the blood feud; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation
TA4-15324
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (claim Rejected)
Outcome
Claim rejected
Legal Topics
Refugee Status Determination, Torture, State Protection, Credibility and Corroboration, Delay in Filing, Political Opinion, Detention, Production of Documents, Blood Feud, Country Conditions (turkey)
Source Language
English
Refugee Law Immigration Refugee Status Determination Torture State Protection Credibility and Corroboration Delay in Filing Political Opinion +4 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant faces a real risk of torture if returned
  3. 3 Whether state protection is available for threats arising from a blood feud

Ratio Decidendi

The panel rejected the claim because material credibility concerns and lack of corroborative evidence defeated the claimant's core allegation of political involvement with HADEP/DEHAP, his alleged mistreatment did not meet the Convention torture threshold, and the state could provide protection against the blood feud; accordingly he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected