VB2-01056

VB2-01056

Claimant is a Convention refugee under s.96 because, although not at serious risk at time of departure, the circumstances arising since departure (being a Tamil passenger on MV Ocean Lady combined with Sri Lankan government assertions about the ship, systematic use of torture by state agents to obtain information, and lack of effective state protection) create a serious possibility of persecution on return.

Citation
VB2-01056
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 October 2012
Procedural Posture
Refugee Protection Claim (s.96 and S.97 Immigration and Refugee Protection Act) / Hearing and Final Decision (refugee Protection Division)
Outcome
Claim allowed — claimant determined to be a Convention refugee
Legal Topics
Sur Place Claim, Convention Refugee, State Protection, Torture, Internal Flight Alternative, Nexus to Convention Ground
Source Language
English
Immigration Law Refugee Law Human Rights Law Sur Place Claim Convention Refugee State Protection Torture Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (s.96 and S.97 Immigration and Refugee Protection Act) / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant had well-founded fear of persecution at departure
  2. 2 Whether claimant established sur place refugee claim arising after departure
  3. 3 Nexus between fear and Convention ground(s) (race, political opinion / perceived LTTE link)

Ratio Decidendi

Claimant is a Convention refugee under s.96 because, although not at serious risk at time of departure, the circumstances arising since departure (being a Tamil passenger on MV Ocean Lady combined with Sri Lankan government assertions about the ship, systematic use of torture by state agents to obtain information, and lack of effective state protection) create a serious possibility of persecution on return.

Court Disposition

Claim allowed — claimant determined to be a Convention refugee

Orders

  • Claimant granted Convention refugee protection under section 96 of the Immigration and Refugee Protection Act