TB2-16018

TB2-16018

The panel rejected the claim because the claimant failed to provide credible and trustworthy evidence to discharge his onus to show that India is not his country of reference and failed to show on a balance of probabilities that he personally would more likely than not face death, cruel and unusual treatment, or torture; the panel found he may obtain Indian citizenship and therefore there is no more than a mere possibility of serious harm if returned to India.

Citation
TB2-16018
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 April 2013
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Final Decision Following Hearing
Outcome
Claim rejected
Legal Topics
Country of Reference, Credibility Assessment, Citizenship Acquisition, Risk of Persecution, Convention Against Torture
Source Language
English
Immigration Law Refugee Law Citizenship Law Administrative Law Country of Reference Credibility Assessment Citizenship Acquisition Risk of Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant is a citizen of India and therefore whether India is the country of reference
  2. 2 Credibility and evidentiary weight of identity documents (Identity Certificate, Registration Certificate, Green Book, birth certificate)
  3. 3 Whether the claimant established on a balance of probabilities that he would personally face danger to life, cruel and unusual treatment or torture if returned

Ratio Decidendi

The panel rejected the claim because the claimant failed to provide credible and trustworthy evidence to discharge his onus to show that India is not his country of reference and failed to show on a balance of probabilities that he personally would more likely than not face death, cruel and unusual treatment, or torture; the panel found he may obtain Indian citizenship and therefore there is no more than a mere possibility of serious harm if returned to India.

Court Disposition

Claim rejected