TB5-00476

TB5-00476

The claim was rejected because the decision maker found the claimant's core allegations not credible or corroborated, no evidence she would be persecuted on return, no nexus to a Convention ground or membership in LTTE, and the state was presumed capable of protection; therefore she is not a Convention refugee nor a person in need of protection.

Citation
TB5-00476
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 March 2015
Procedural Posture
Refugee Protection (irpa) / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Credibility Assessment, State Protection, Persecution Risk, Sexual Assault Allegation, Extortion, Returnee Screening
Source Language
English
Immigration Refugee Law Criminal Law as Context Credibility Assessment State Protection Persecution Risk Sexual Assault Allegation Extortion +1 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant's allegations are credible
  2. 2 Whether the state can provide protection
  3. 3 Whether there is a Convention nexus or membership/support for LTTE

Ratio Decidendi

The claim was rejected because the decision maker found the claimant's core allegations not credible or corroborated, no evidence she would be persecuted on return, no nexus to a Convention ground or membership in LTTE, and the state was presumed capable of protection; therefore she is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection.

Orders

  • Refugee claim rejected
  • Claimant determined not to be a Convention refugee and not a person in need of protection