TB0-06865

TB0-06865

The claim is rejected because the Panel did not accept the claimant's account as credible and, on the evidence, found that country conditions for Tamils have improved sufficiently and durably since 2009 so that the claimant faces less than a serious chance of persecution; alternatively the risk alleged (extortion, recruitment threats) is generalized and excluded under s.97(1)(b).

Citation
TB0-06865
Parties
Claimant: XXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 September 2011
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act, Sections 96 and 97) / Decision by Refugee Protection Division (reasons and Determination)
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Change in Country Conditions, Credibility Assessment, Generalized Risk / Exclusion, Nexus to Convention Grounds
Source Language
English
Refugee Law Immigration Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Change in Country Conditions Credibility Assessment +2 more

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Parties

XXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act, Sections 96 and 97) / Decision by Refugee Protection Division (reasons and Determination)

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution on a Convention ground (ethnicity)
  2. 2 Credibility of claimant's testimony
  3. 3 Whether there has been a durable change in country conditions negating risk

Ratio Decidendi

The claim is rejected because the Panel did not accept the claimant's account as credible and, on the evidence, found that country conditions for Tamils have improved sufficiently and durably since 2009 so that the claimant faces less than a serious chance of persecution; alternatively the risk alleged (extortion, recruitment threats) is generalized and excluded under s.97(1)(b).

Court Disposition

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

Orders

  • Claim dismissed; refugee protection claim rejected