AA5-00106

AA5-00106

The claimant's evidence was not found credible and did not establish a personal, well-founded fear of persecution or a risk of torture, death or cruel and unusual treatment from the alleged agents; accordingly the claimant is not a Convention refugee and is not a person in need of protection.

Citation
AA5-00106
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2005
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Persecution, Torture, Risk to Life, Forced Recruitment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Persecution Torture +2 more

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under ss.96 and 97(1) of the Immigration and Refugee Protection Act
  3. 3 Whether the claimant's testimony is credible and establishes a well-founded personal risk from Tamil Tigers, Sri Lankan Army, Sri Lankan Police or EPDP

Ratio Decidendi

The claimant's evidence was not found credible and did not establish a personal, well-founded fear of persecution or a risk of torture, death or cruel and unusual treatment from the alleged agents; accordingly the claimant is not a Convention refugee and is not a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim dismissed; removal to Sri Lanka permitted.