TA5-04248

TA5-04248

The Tribunal found the claimant’s experience amounted to generalized anti‑social harassment rather than persecution, there was insufficient evidence of state complicity, the delay and being prompted to claim undermined credibility, and an internal flight alternative was available; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA5-04248
Parties
Claimant / Asylum Claimant: XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 January 2009
Procedural Posture
Refugee Claim Under IRPA / Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of international protection.
Legal Topics
Convention Refugee, Person in Need of Protection (s.97 Irpa), Persecution, State Protection and Complicity, Credibility and Delay, Internal Flight Alternative, Country Conditions Russia, Mobility/age Considerations
Source Language
English
Immigration Refugee Protection Nationality Visa/visitor Family Reunification Internal Flight Alternative Delay in Filing Claim Convention Refugee +6 more

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Parties

XXXXX XXXXX

Claimant / Asylum Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Claim Under IRPA / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether anti-Semitic harassment experienced rises to persecution

Ratio Decidendi

The Tribunal found the claimant’s experience amounted to generalized anti‑social harassment rather than persecution, there was insufficient evidence of state complicity, the delay and being prompted to claim undermined credibility, and an internal flight alternative was available; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of international protection.