MB5-05951

MB5-05951

The panel accepted the claimant's identity and some incidents but concluded that, given state repression of the Muslim Brotherhood and country evidence showing localized risks, a reasonable internal flight alternative exists in Alexandria; therefore there is no serious possibility of persecution nor a balance of probabilities risk of torture or death, and the claim is rejected.

Citation
MB5-05951
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 March 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Refugee Protection, Internal Flight Alternative, Religion Based Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law International Human Rights Refugee Protection Internal Flight Alternative Religion Based Persecution Risk of Torture

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant has a serious possibility of persecution on a Convention ground (religion)
  2. 2 Whether there is a viable internal flight alternative (Alexandria)
  3. 3 Whether the claimant faces a personal risk of torture, death, or cruel and unusual treatment if returned

Ratio Decidendi

The panel accepted the claimant's identity and some incidents but concluded that, given state repression of the Muslim Brotherhood and country evidence showing localized risks, a reasonable internal flight alternative exists in Alexandria; therefore there is no serious possibility of persecution nor a balance of probabilities risk of torture or death, and the claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection