TB7-16838

TB7-16838

The panel accepted the claimant's identity and credibility on a balance of probabilities, found state protection and internal relocation unavailable for a Tibetan follower of the Dalai Lama, and determined Article 1E did not apply because the claimant had renounced U.S. permanent residence prior to arrival in Canada; therefore the claimant is a Convention refugee and the claim is allowed.

Citation
TB7-16838
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada); Decision Maker: D. Willard
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 April 2018
Procedural Posture
Refugee Protection Claim (rpd) / Decision After Hearing
Outcome
Claim allowed; claimant found to be a Convention refugee.
Legal Topics
Article 1 E Exclusion, Credibility and Identity, State Protection, Internal Flight Alternative, Convention Refugee Determination, Program Integrity
Source Language
English
Immigration Law Refugee Law Administrative Law International Human Rights Article 1 E Exclusion Credibility and Identity State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

D. Willard

Decision Maker

Procedural Posture

Refugee Protection Claim (rpd) / Decision After Hearing

Legal Issues

  1. 1 Exclusion under Article 1E (1951 Convention)
  2. 2 Identity and civil status
  3. 3 Credibility of claimant

Ratio Decidendi

The panel accepted the claimant's identity and credibility on a balance of probabilities, found state protection and internal relocation unavailable for a Tibetan follower of the Dalai Lama, and determined Article 1E did not apply because the claimant had renounced U.S. permanent residence prior to arrival in Canada; therefore the claimant is a Convention refugee and the claim is allowed.

Court Disposition

Claim allowed; claimant found to be a Convention refugee.