MA7-07108

The claimant is not a Convention refugee or person in need of protection because the panel found he is a Sierra Leone citizen, country conditions have changed as reflected in the UNHCR cessation clause and supporting country evidence, and the claimant failed to prove on the required standards that he faces a serious possibility of persecution or a risk of torture or that extraordinary 'compelling reasons' exist to exempt him from cessation.

Citation: MA7-07108
Parties: Claimant: XXXXX XXXXXX XXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 11 April 2011
Procedural Posture: Refugee Protection Claim / Decision at Refugee Protection Division
Outcome: Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics: Convention Refugee, Ceased Circumstances, Compelling Reasons, Change of Circumstances, Nationality, Identity, Risk Assessment, Persecution, Torture
Source Language: English

Immigration Refugee Law Human Rights Convention Refugee Ceased Circumstances Compelling Reasons Change of Circumstances Nationality +4 more

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Parties

XXXXX XXXXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision at Refugee Protection Division

Legal Issues

1 Claimant's nationality and identity
2 Whether the claimant qualifies as a Convention refugee
3 Whether changed country circumstances and UNHCR cessation clause remove refugee status

Ratio Decidendi

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.