TA8-17358

TA8-17358

Panel accepted claimant's identity and basic account of arrest but concluded objective documentary evidence, particularly Amnesty International and contemporaneous media, do not support claimant's allegation of summary execution or ongoing risk; released detainees and public statements by authorities negate a serious possibility of persecution or risk of torture on return; accordingly claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA8-17358
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 July 2011
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Claimant's refugee protection claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion (imputed), Persecution, Risk of Torture, Credibility, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Political Opinion (imputed) Persecution +3 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97 of the IRPA
  3. 3 Whether the claimant established a well-founded fear/serious possibility of persecution on a Convention ground

Ratio Decidendi

Panel accepted claimant's identity and basic account of arrest but concluded objective documentary evidence, particularly Amnesty International and contemporaneous media, do not support claimant's allegation of summary execution or ongoing risk; released detainees and public statements by authorities negate a serious possibility of persecution or risk of torture on return; accordingly claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claimant's refugee protection claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.