TB0-10656

Claim dismissed because claimant's stated objection to military service was found to be an aversion rather than a genuine conscientious objection, there is no nexus to a Convention ground (political opinion or ethnicity), penalties are lawful sanctions under a law of general application and prison conditions and treatment are not persecutory or contrary to international standards.

Citation: TB0-10656
Parties: Claimant: XXXX XXXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 8 August 2011
Procedural Posture: Refugee Protection (rpd) / Final Decision
Outcome: Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics: Conscientious Objection, Military Conscription, State Protection, Persecution, Ethnic Discrimination, Cruel and Unusual Treatment, Convention Refugee Definition, Risk Assessment
Source Language: English

Refugee Law Immigration Law Administrative Law Human Rights Law Conscientious Objection Military Conscription State Protection Persecution +4 more

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Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 6

Parties

XXXX XXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (rpd) / Final Decision

Legal Issues

1 Whether claimant's objection to military service has nexus to a Convention ground
2 Whether state protection is available in Israel
3 Whether imprisonment or sanctions for draft evasion constitute persecution

Ratio Decidendi

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection

Orders

Claim rejected by the Refugee Protection Division