TB4-07787

TB4-07787

The claimant was born in India and, under section 3 of India's Citizenship Act, has a right to Indian citizenship; he failed to prove a significant impediment beyond his control or that he made reasonable and timely efforts to obtain Indian citizenship as required by Tretsetsang/Williams; India is therefore a viable second country of reference and the claimant has not established a serious possibility of persecution or risk of torture/serious harm on return; claim is rejected.

Citation
TB4-07787
Parties
Claimant: XXXX XXXX (a.k.a. Unknown XXXX XXXX); Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 May 2017
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Reasons and Decision (final Determination)
Outcome
Claim rejected: claimant not a Convention refugee and not a person in need of protection in respect of India; India is viable second country of reference.
Legal Topics
State Protection, Citizenship Recognition, Safe Third Country/second Country of Reference, Credibility and Delay, Country Conditions
Source Language
English
Immigration Refugee Law Nationality Law Administrative Law State Protection Citizenship Recognition Safe Third Country/second Country of Reference Credibility and Delay +1 more

Case Brief

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Parties

XXXX XXXX (a.k.a. Unknown XXXX XXXX)

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Reasons and Decision (final Determination)

Legal Issues

  1. 1 Whether the claimant has exercised or made reasonable efforts to exercise his right to Indian citizenship and therefore whether India is a viable second country of reference
  2. 2 Whether the claimant faces a serious possibility of persecution on a Convention ground in India or, alternatively, would face torture, risk to life or cruel and unusual treatment if returned to India or China
  3. 3 Whether the claimant satisfied the onus in Tretsetsang/Williams to show a significant impediment beyond his control to obtaining Indian citizenship

Ratio Decidendi

The claimant was born in India and, under section 3 of India's Citizenship Act, has a right to Indian citizenship; he failed to prove a significant impediment beyond his control or that he made reasonable and timely efforts to obtain Indian citizenship as required by Tretsetsang/Williams; India is therefore a viable second country of reference and the claimant has not established a serious possibility of persecution or risk of torture/serious harm on return; claim is rejected.

Court Disposition

Claim rejected: claimant not a Convention refugee and not a person in need of protection in respect of India; India is viable second country of reference.

Orders

  • Claim rejected