TB4-02413

TB4-02413

Claimant failed to demonstrate a significant impediment or that she made reasonable efforts to obtain Indian citizenship or a passport; accordingly India is a country of reference and the claimant did not establish a well‑founded fear of persecution or a risk of torture/death/ cruel and unusual treatment, so the claim is rejected.

Citation
TB4-02413
Parties
Claimant: XXXX XXXX; Respondent: Minister of Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 August 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Re Determination Following Federal Court Remittal
Outcome
Claim rejected; claimant is neither a convention refugee nor a person in need of protection
Legal Topics
Country of Reference, Acquisition of Citizenship, Reasonable Efforts, Well Founded Fear of Persecution, Credibility
Source Language
English
Immigration Law Refugee Law Nationality Law Country of Reference Acquisition of Citizenship Reasonable Efforts Well Founded Fear of Persecution Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister of Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Re Determination Following Federal Court Remittal

Legal Issues

  1. 1 Whether India is a country of reference (ability to acquire Indian citizenship)
  2. 2 Whether claimant made reasonable efforts to obtain Indian citizenship/passport
  3. 3 Whether claimant would face persecution/deportation to China if returned to India

Ratio Decidendi

Claimant failed to demonstrate a significant impediment or that she made reasonable efforts to obtain Indian citizenship or a passport; accordingly India is a country of reference and the claimant did not establish a well‑founded fear of persecution or a risk of torture/death/ cruel and unusual treatment, so the claim is rejected.

Court Disposition

Claim rejected; claimant is neither a convention refugee nor a person in need of protection

Orders

  • Refugee protection claim dismissed