TB2-09051

TB2-09051

The Tribunal found the claimant not credible on key points (omissions about a summons and smuggler, implausible travel behaviour, lack of corroboration) and determined the dispute was an economic challenge to compensation rather than political opposition; therefore there is no nexus to a Convention ground and no well‑founded fear of persecution, so the claim under ss.96 and 97 of IRPA fails.

Citation
TB2-09051
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent: Minister / Respondent
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 April 2019
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision Merits (reasons Issued April 23, 2019)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under s.97 of IRPA.
Legal Topics
Convention Refugee, Protection Claim, Credibility Assessment, Nexus to Convention Ground, Land Expropriation, Political Opinion, Membership in a Social Group, State Protection, Persecution Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Protection Claim Credibility Assessment Nexus to Convention Ground Land Expropriation +4 more

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Parties

XXXX XXXX

Claimant (asylum Seeker)

Minister / Respondent

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision Merits (reasons Issued April 23, 2019)

Legal Issues

  1. 1 Whether the claimant is credible regarding being sought by the Public Security Bureau (PSB)
  2. 2 Whether there is a nexus between the claimant's conduct and a Convention ground (political opinion or membership in a social group)
  3. 3 Whether the claimant is a Convention refugee under s.96 of IRPA

Ratio Decidendi

The Tribunal found the claimant not credible on key points (omissions about a summons and smuggler, implausible travel behaviour, lack of corroboration) and determined the dispute was an economic challenge to compensation rather than political opposition; therefore there is no nexus to a Convention ground and no well‑founded fear of persecution, so the claim under ss.96 and 97 of IRPA fails.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection under s.97 of IRPA.