VA7-02165

VA7-02165

Although the claimant was found generally credible and established identity, he failed to rebut the presumption of state protection with clear and convincing evidence and a viable internal flight alternative (Abuja) exists; therefore the claim fails under ss. 96 and 97(1) of the Act.

Citation
VA7-02165
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 June 2009
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing With Oral Decision Rendered; Written Reasons Issued Later
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Internal Flight Alternative, Credibility and Identity, Political Opinion, Particular Social Group, Convention Refugee Determination, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Internal Flight Alternative Credibility and Identity Political Opinion Particular Social Group +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing With Oral Decision Rendered; Written Reasons Issued Later

Legal Issues

  1. 1 Whether claimant rebutted presumption of state protection
  2. 2 Whether a viable internal flight alternative exists (Abuja)
  3. 3 Credibility and identity of claimant

Ratio Decidendi

Although the claimant was found generally credible and established identity, he failed to rebut the presumption of state protection with clear and convincing evidence and a viable internal flight alternative (Abuja) exists; therefore the claim fails under ss. 96 and 97(1) of the Act.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Oral decision rendered dismissing claim
  • Written reasons to be provided to claimant and counsel