TA9-15224
Because the panel found the claimant not credible on central matters (conversion, assaults, police persecution), found no subjective fear and no objective basis for persecution, and identified a viable internal flight alternative (Ankara), the claim was rejected as neither a Convention refugee nor a person in need of protection under ss.97(1)(a) and 97(1)(b) IRPA.
- Citation
- TA9-15224
- Parties
- Claimant (asylum Claimant): XXXXXXXXXX; Respondent: Minister (Government of Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 17 May 2012
- Procedural Posture
- Refugee Protection Claim (irpa) / Decision Following Hearing
- Outcome
- Claim rejected; claimant is not a Convention refugee and is not a person in need of protection under ss.97(1)(a) or 97(1)(b) of the IRPA.
- Legal Topics
- Credibility, Religious Conversion, Persecution by State Actors, Persecution by Family Members, Internal Flight Alternative, Failure to Seek Protection in Third Countries, Omissions and Inconsistencies in Evidence, Sojourning/reavailment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXXXXXX
Claimant (asylum Claimant)
Minister (Government of Canada)
Respondent
Procedural Posture
Refugee Protection Claim (irpa) / Decision Following Hearing
Legal Issues
- 1 Whether the claimant is credible
- 2 Whether the claimant has a subjective fear of persecution
- 3 Whether there is an objective basis for a risk of persecution
Ratio Decidendi
Because the panel found the claimant not credible on central matters (conversion, assaults, police persecution), found no subjective fear and no objective basis for persecution, and identified a viable internal flight alternative (Ankara), the claim was rejected as neither a Convention refugee nor a person in need of protection under ss.97(1)(a) and 97(1)(b) IRPA.
Court Disposition
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection under ss.97(1)(a) or 97(1)(b) of the IRPA.
Full Case Text
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