TA1-11820

TA1-11820

The claim is rejected because, despite accepting the claimant's account of recruitment and threats, the evidence shows an adequate state protection and a reasonable internal flight alternative within Jamaica, so there is no serious possibility of persecution or risk to life/cruel and unusual treatment upon relocation.

Citation
TA1-11820
Parties
Claimant: XXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXX); Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 December 2002
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (s.170(b) Irpa)
Outcome
Claim rejected - not a Convention refugee or person in need of protection
Legal Topics
Internal Flight Alternative, State Protection, Credibility, Convention Refugee, Risk of Torture, Risk to Life or Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Criminal Law Internal Flight Alternative State Protection Credibility Convention Refugee Risk of Torture +1 more

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Parties

XXXXXXXXXXXXXXXXXX (a.k.a. XXXXXXXXXXXX)

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (s.170(b) Irpa)

Legal Issues

  1. 1 Whether the claimant faces a serious possibility of persecution by drug dealers for a Convention reason
  2. 2 Whether adequate state protection exists anywhere in Jamaica
  3. 3 Whether an internal flight alternative (IFA) is available and reasonable

Ratio Decidendi

The claim is rejected because, despite accepting the claimant's account of recruitment and threats, the evidence shows an adequate state protection and a reasonable internal flight alternative within Jamaica, so there is no serious possibility of persecution or risk to life/cruel and unusual treatment upon relocation.

Court Disposition

Claim rejected - not a Convention refugee or person in need of protection