TB0-13750

TB0-13750

The panel rejected the claim because the claimant's evidence contained numerous inconsistencies, documentary and country condition evidence and UNHCR guidance indicated no individualized risk for this claimant, there was no credible evidence he would be perceived as an LTTE affiliate on return (including Canadian investigations that did not implicate him), and therefore he did not establish a well-founded fear of persecution or a balance of probabilities risk of torture or cruel and unusual treatment.

Citation
TB0-13750
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 February 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Determination Hearing)
Outcome
Claim rejected
Legal Topics
Convention Refugee Status, Person in Need of Protection, Sur Place, Credibility Assessment, Return of Failed Asylum Seekers, Country Conditions (sri Lanka)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Status Person in Need of Protection Sur Place Credibility Assessment +2 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 5 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Determination Hearing)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) and (b) IRPA
  3. 3 Credibility and consistency of claimant's account

Ratio Decidendi

The panel rejected the claim because the claimant's evidence contained numerous inconsistencies, documentary and country condition evidence and UNHCR guidance indicated no individualized risk for this claimant, there was no credible evidence he would be perceived as an LTTE affiliate on return (including Canadian investigations that did not implicate him), and therefore he did not establish a well-founded fear of persecution or a balance of probabilities risk of torture or cruel and unusual treatment.

Court Disposition

Claim rejected