TB2-10875

TB2-10875

Claimant found credible and identity accepted, but on a forward‑looking objective assessment there was insufficient evidence of a personal risk of persecution or of risk to life or torture if returned to XXXX or XXXX where al-Shabaab no longer controls those cities and where claimant has contacts; therefore claimant does not meet the definition of a Convention refugee under s.96 nor is he in need of protection under s.97 of the IRPA.

Citation
TB2-10875
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (hearing and Reasons Issued)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Well Founded Fear, Internal Flight Alternative, Clan Based Persecution, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Well Founded Fear Internal Flight Alternative Clan Based Persecution Country Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (hearing and Reasons Issued)

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 an internal flight/relocation alternative (IFA/IRA) is available in Somalia

Ratio Decidendi

Claimant found credible and identity accepted, but on a forward‑looking objective assessment there was insufficient evidence of a personal risk of persecution or of risk to life or torture if returned to XXXX or XXXX where al-Shabaab no longer controls those cities and where claimant has contacts; therefore claimant does not meet the definition of a Convention refugee under s.96 nor is he in need of protection under s.97 of the IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim dismissed