AA1-01573

Claimant's evidence was not credible or specific, he failed to demonstrate past persecution or a real risk of persecution or torture on Convention or Section 97 grounds, and documentary country evidence establishes effective state protection in Italy; therefore the claim is denied.

Citation: AA1-01573
Parties: Claimant: XXXXXXXXXXX; Respondent: Minister (Canada); Decision Maker: Refugee Protection Division (Ian J. Kagedan)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 5 December 2003
Procedural Posture: Refugee Protection Claim (convention Refugee and Humanitarian Protection Under S.97) / Show Cause Hearing; Final Decision After Hearing (abandonment Set Aside)
Outcome: Claim for protection denied; claimant is not a Convention refugee and does not meet criteria under Section 97.
Legal Topics: Corruption, State Protection, Persecution, Credibility, Section 97
Source Language: English

Immigration Refugee Law Administrative Law Corruption State Protection Persecution Credibility Section 97

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

XXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Refugee Protection Division (Ian J. Kagedan)

Decision Maker

Procedural Posture

Refugee Protection Claim (convention Refugee and Humanitarian Protection Under S.97) / Show Cause Hearing; Final Decision After Hearing (abandonment Set Aside)

Legal Issues

1 Whether claimant is a Convention refugee
2 Whether claimant faces risk of torture or cruel and unusual treatment or punishment under Section 97
3 Whether state protection in Italy is unavailable or ineffective

Ratio Decidendi

Court Disposition

Claim for protection denied; claimant is not a Convention refugee and does not meet criteria under Section 97.