TB0-09363

TB0-09363

The claim is rejected because the claimant's testimony was found not credible on key points and, on the balance of probabilities, he is not perceived by Sri Lankan authorities as linked to the LTTE and post‑war country conditions for Tamils (except those with LTTE links) have improved sufficiently so that he would not face persecution or risk of torture on return; therefore he is neither a Convention refugee nor a person in need of protection under s.97(1).

Citation
TB0-09363
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 June 2013
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1) of the IRPA
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97), Change of Country Conditions / Cessation (s.108(e)), Credibility Assessment, Risk of Torture / Cruel and Unusual Treatment, Sur Place / Compelling Reasons
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Person in Need of Protection (s.97) Change of Country Conditions / Cessation (s.108(e)) Credibility Assessment Risk of Torture / Cruel and Unusual Treatment +1 more

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 6 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Decision (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(1) IRPA
  3. 3 Whether claimant's evidence is credible

Ratio Decidendi

The claim is rejected because the claimant's testimony was found not credible on key points and, on the balance of probabilities, he is not perceived by Sri Lankan authorities as linked to the LTTE and post‑war country conditions for Tamils (except those with LTTE links) have improved sufficiently so that he would not face persecution or risk of torture on return; therefore he is neither a Convention refugee nor a person in need of protection under s.97(1).

Court Disposition

Claim rejected; claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1) of the IRPA

Orders

  • Claim rejected; protection under sections 96 and 97 of the IRPA denied