VB1-00488

VB1-00488

Although the claimant was found credible on identity and testimony, the Panel concluded on the evidence that the sanctions he faces (Article 135.1 penalties of 3–8 years and an alleged eight‑year ban from return) arise from a law of general application and, while harsh, do not amount to persecution or to a risk of torture, death or cruel and unusual punishment on the balance of probabilities; therefore the refugee claim is rejected under ss.96 and 97 of the Act.

Citation
VB1-00488
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2013
Procedural Posture
Refugee Protection (convention Refugee / Person in Need of Protection) / Post‑hearing Decision (reasons and Decision)
Outcome
Claim rejected
Legal Topics
Convention Refugee Determination, Risk of Persecution, Risk of Torture, Dereliction of Duty (article 135.1 Cuban Penal Code), Barring From Return / Blacklist
Source Language
English
Immigration and Refugee Law Administrative Law Criminal Law (foreign) Convention Refugee Determination Risk of Persecution Risk of Torture Dereliction of Duty (article 135.1 Cuban Penal Code) Barring From Return / Blacklist

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (convention Refugee / Person in Need of Protection) / Post‑hearing Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces substantial grounds for risk of torture or risk to life or cruel and unusual treatment
  3. 3 Whether Cuban Penal Code Article 135.1 and an eight‑year ban from return amount to persecution

Ratio Decidendi

Although the claimant was found credible on identity and testimony, the Panel concluded on the evidence that the sanctions he faces (Article 135.1 penalties of 3–8 years and an alleged eight‑year ban from return) arise from a law of general application and, while harsh, do not amount to persecution or to a risk of torture, death or cruel and unusual punishment on the balance of probabilities; therefore the refugee claim is rejected under ss.96 and 97 of the Act.

Court Disposition

Claim rejected

Orders

  • Claimant is not a Convention refugee and is not a person in need of protection; claim dismissed under sections 96 and 97 of the Immigration and Refugee Protection Act