TB0-17612

TB0-17612

Claimant's identity established but on the balance of probabilities the evidence does not show a serious possibility of persecution: detentions were indiscriminate mass round-ups around the war period and did not demonstrate individualized suspicion of LTTE ties, objective country documentation shows post-2012 risk profiles do not encompass the claimant, EPDP extortion ceased and no ongoing threat was demonstrated, and there is no evidence authorities would know he is a failed claimant; therefore claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB0-17612
Parties
Claimant: XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2017
Procedural Posture
Refugee Protection Claim / Hearing and Oral Decision Rendered
Outcome
Claim dismissed: claimant is not a Convention refugee and not a person in need of protection; claim rejected under s.107(1) of the Immigration and Refugee Protection Act.
Legal Topics
Persecution, Well Founded Fear, Ethnicity, Membership of a Particular Social Group, Political Opinion, Detention, Returnee Screening, Militia/paramilitary Threats, Failed Asylum Claimant
Source Language
English
Immigration Refugee Protection Nationality and Citizenship Persecution Well Founded Fear Ethnicity Membership of a Particular Social Group Political Opinion +4 more

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Parties

XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Oral Decision Rendered

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether claimant faces persecution from Sri Lankan security forces due to Tamil ethnicity or alleged LTTE ties
  3. 3 Whether EPDP or other militia pose a real risk of persecution

Ratio Decidendi

Claimant's identity established but on the balance of probabilities the evidence does not show a serious possibility of persecution: detentions were indiscriminate mass round-ups around the war period and did not demonstrate individualized suspicion of LTTE ties, objective country documentation shows post-2012 risk profiles do not encompass the claimant, EPDP extortion ceased and no ongoing threat was demonstrated, and there is no evidence authorities would know he is a failed claimant; therefore claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed: claimant is not a Convention refugee and not a person in need of protection; claim rejected under s.107(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claim rejected under s.107(1) of the Immigration and Refugee Protection Act