TB1-13930

TB1-13930

The claim fails because the Panel did not accept the claimant's account as credible, found no nexus between the incidents (criminal extortion/abduction) and a Convention ground, determined country conditions for Tamils have improved sufficiently and any risk claimed is a generalized criminal/extortion risk excluded...

Source-derived case information.

Citation
TB1-13930
Parties
Claimant: XXXXXXXXXXXXXXX; Respondent: Minister (Immigration, Refugees and Citizenship Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 March 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Decision (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under the IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Change in Country Conditions, Generalized Risk (s.97), Nexus to Convention Grounds, Exclusion (generalized Risk), Extortion, Arbitrary Arrest and Detention
Source Language
english
Refugee Protection Immigration Human Rights Country Conditions Criminality Vs Persecution Convention Refugee Person in Need of Protection Credibility Assessment +6 more

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Parties

XXXXXXXXXXXXXXX

Claimant

Minister (Immigration, Refugees and Citizenship Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96
  2. 2 Whether claimant is a person in need of protection under s.97(1)
  3. 3 Credibility of claimant's account

Ratio Decidendi

The claim fails because the Panel did not accept the claimant's account as credible, found no nexus between the incidents (criminal extortion/abduction) and a Convention ground, determined country conditions for Tamils have improved sufficiently and any risk claimed is a generalized criminal/extortion risk excluded from protection; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under the IRPA

Orders

  • Claim rejected