TB0-16887

TB0-16887

The Board rejected the claim because the claimant was found not credible due to delays, omissions and failure to seek protection in other safe countries; he lacks a profile suggesting LTTE affiliation; objective country evidence (UNHCR and other reports) indicates durable improved conditions for Tamils generally; alleged extortion is a generalized risk lacking nexus to a Convention ground; on the balance of probabilities there is no well-founded fear nor risk of torture or cruel and unusual treatment, so the claim is denied.

Citation
TB0-16887
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 June 2012
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Change of Country Conditions, Generalized Risk, Failure to Seek Protection in Third Countries, Exclusion
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Change of Country Conditions Generalized Risk +2 more

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether claimant's evidence is credible

Ratio Decidendi

The Board rejected the claim because the claimant was found not credible due to delays, omissions and failure to seek protection in other safe countries; he lacks a profile suggesting LTTE affiliation; objective country evidence (UNHCR and other reports) indicates durable improved conditions for Tamils generally; alleged extortion is a generalized risk lacking nexus to a Convention ground; on the balance of probabilities there is no well-founded fear nor risk of torture or cruel and unusual treatment, so the claim is denied.

Court Disposition

Claim rejected

Orders

  • Refugee protection claim denied (not a Convention refugee and not a person in need of protection)