TA9-04697

TA9-04697

Claim rejected because claimant failed to provide reliable, probative and independently verifiable evidence linking the threats and violent acts to a Convention ground; credibility concerns, missing key corroborating documents and witnesses, and speculative attribution of unknown threats to the named alleged narco-trafficker mean there is no serious possibility of persecution, and no balance-of-probabilities risk of death, cruel and unusual treatment or torture on return to Peru.

Citation
TA9-04697
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Respondent); Designated Representative: Susan Woolner; Panel Member: B. Volpentesta
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 October 2012
Procedural Posture
Refugee Protection Claim / Decision on Protection Claim (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus, Credibility, Designated Representative, Procedural Requirements, Threats, Drug Trafficking, Gangs, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Nexus Credibility Designated Representative +6 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Susan Woolner

Designated Representative

B. Volpentesta

Panel Member

Procedural Posture

Refugee Protection Claim / Decision on Protection Claim (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under IRPA s.97(1)
  3. 3 Whether there is a nexus between feared harm and a Convention ground

Ratio Decidendi

Claim rejected because claimant failed to provide reliable, probative and independently verifiable evidence linking the threats and violent acts to a Convention ground; credibility concerns, missing key corroborating documents and witnesses, and speculative attribution of unknown threats to the named alleged narco-trafficker mean there is no serious possibility of persecution, and no balance-of-probabilities risk of death, cruel and unusual treatment or torture on return to Peru.

Court Disposition

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