TB0-07858

TB0-07858

The claimant's testimony and documentary evidence were found not credible and, on the totality of the evidence including failure to seek protection in other safe countries and lack of nexus between generalized extortion and a Convention ground, the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Citation
TB0-07858
Parties
Claimant: XXXXXXXX XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 July 2011
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Decision (reasons Issued)
Outcome
Claim rejected
Legal Topics
Credibility, Extortion, Failure to Seek Protection in Third Country, Generalized Risk, Country Conditions Sri Lanka, Female Claimant
Source Language
English
Refugee Law Immigration Law Administrative Law Credibility Extortion Failure to Seek Protection in Third Country Generalized Risk Country Conditions Sri Lanka +1 more

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Parties

XXXXXXXX XXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1) / Decision (reasons Issued)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of the claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's testimony and documentary evidence were found not credible and, on the totality of the evidence including failure to seek protection in other safe countries and lack of nexus between generalized extortion and a Convention ground, the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Court Disposition

Claim rejected

Orders

  • Claim rejected; claimant is not a Convention refugee under s.96 IRPA and not a person in need of protection under s.97(1) IRPA