TB2-02909

TB2-02909

The panel rejected the claim because the claimant was not credible on material aspects, failed to establish a nexus to a Convention ground or a personal profile making him a target, and did not rebut the presumption that state protection in Pakistan was available; therefore he is neither a Convention refugee nor a person in need of protection and faces no substantial risk of torture or cruel treatment on return.

Citation
TB2-02909
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 October 2017
Procedural Posture
Refugee Protection Claim (s.96 and S.97(1) Irpa) / Hearing and Decision
Outcome
Claim rejected; claimant not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, State Protection, Credibility, Persecution, Risk of Torture, Removal
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee State Protection Credibility Persecution +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim (s.96 and S.97(1) Irpa) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA
  2. 2 Whether claimant is a person in need of protection (risk to life/torture/cruel treatment)
  3. 3 Credibility of claimant's testimony and documentary evidence

Ratio Decidendi

The panel rejected the claim because the claimant was not credible on material aspects, failed to establish a nexus to a Convention ground or a personal profile making him a target, and did not rebut the presumption that state protection in Pakistan was available; therefore he is neither a Convention refugee nor a person in need of protection and faces no substantial risk of torture or cruel treatment on return.

Court Disposition

Claim rejected; claimant not a Convention refugee and not a person in need of protection